Dinbandhu Mahto @ Bandhu Yadav @ ... vs The State Of Jharkhand
2022 Latest Caselaw 3264 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Criminal Appeal (S.J.) No. 389 of 2021
                                          ....

1. Dinbandhu Mahto @ Bandhu Yadav @ Dinbandhu Yadav

2. Goutam Yadav @ Gautam Kumar .... Appellants Versus

1. The State of Jharkhand

2. Rajesh Manjhi .... Respondents ....

              CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellants               : Mr. K.S.Nanda, Adv.
                For the State                    : Mr. Veervijay Pradhan, APP
                For the Res. No.2                : Mr. Vikash Kumar, Adv.
                                                 ....

06/18.08.2022             The present appeal has been filed under Section 14-A of the Scheduled

Castes/Scheduled Tribes (Prevention of Atrocities) Act.

Heard learned counsel for the appellants and learned APP as well as learned counsel for the respondent No.2.

The present appeal has been filed against the order dated 24.08.2021 passed by learned Addl. Sessions Judge-I, Deoghar in A.B.P. No.967 of 2021, arising out of Jasidih P.S. Case No.197 of 2021 corresponding to SC/ST Case No.52 of 2021, registered for the offence under Sections 341/ 323/ 325/ 504/ 506/34 of the Indian Penal Code and Section 3 (i) (x) of the SC/ST (Prevention of Atrocities) Act by which prayer for anticipatory bail of the appellants have been rejected.

It has been submitted by learned counsel for the appellants that there is land dispute between the parties as the same land is being claimed by both the parties. By filing supplementary affidavit undertaking has been given to this Court that the appellants will not claim any right, title and possession over the said land and further they will not disturb the possession of the victim. Since there is land dispute between the parties, reference to the judgment of Hon'ble Apex Court in the case of Hitesh Verma Vrs. State of Uttarakhand reported in 2020 (10) SCC 710 has been made.

Learned counsel for the victim has not opposed the prayer for bail in view of the undertaking given by the appellants.

Considering above facts, the appellants are directed to surrender in the court below within four weeks from the date of receipt/ production of the copy of this order, and in the event of their arrest or surrender, they shall be enlarged on anticipatory bail, on their furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge-I, Deoghar in connection with Jasidih P.S. Case No.197 of 2021 corresponding to SC/ST Case No.52 of 2021, on the conditions as laid down under Section 438 (2) Cr.P.C.

(Rajesh Kumar, J.) Shahid/