Awadhesh Prasad Ray @ Awadhesh Ray ... vs The State Of Jharkhand
2022 Latest Caselaw 750 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Criminal Appeal (S.J.) No.903 of 2019
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1. Awadhesh Prasad Ray @ Awadhesh Ray @ Awadh Ray

2. Baban Ray @ Arvind Kumar Ray @ Arbind Kr. Ray

3. Navin Kumar Ray @ Navin Ray

4. Buchkun Ray @ Kumar Bakhchan

5. Dhirendra Prasad Ray @ Dhiren Ray

6. Tuna Ray @ Saroj Kumar Ray

7. Manoj Kumar Ray @ Munna Ray .... .... Appellants Versus

1. The State of Jharkhand

2. Ganu Mahra .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellants : Mr. Shailesh Kr. Singh, Adv.

For the State                         : Mr. Tarun Kumar, A.P.P.
For the Res. No.2                     : Mr. Ankit Kumar, Adv.
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              th
10/Dated: 28 February, 2022

1. The present criminal appeal has been filed against the order dated 09.08.2019 passed by the learned Additional Sessions Judge-1st-cum-Special Judge, Deoghar in A.B.P. No.910 of 2019 arising out of SC/ST Case No.180 of 2017 registered under Sections 323, 341 and 504 of the Indian Penal Code and under Sections 3(i)(iv)(v)(x) of the SC/ST (POA) Act, whereby and whereunder the lower court has been pleased to refuse the anticipatory bail to the appellants.

2. It appears that the allegation has been made that the appellants had abused the victim and dispossessed him from the land although the decree of the Civil Court was in favour of the victim. The police after investigation have submitted the final form stating that no offence under SC/ST (POA) Act is made out and the possession of the said land is of the appellants. The Investigating Officer has relied upon the report of the Circle Officer. The court below after considering the above final form, has taken cognizance.

3. Counsel for the appellants has relied upon the judgment of the Hon'ble Apex Court reported in (2020) 10 SCC 710 in the case of Hitesh Verma Vs. The State of Uttrakhand & Anr., and the prayer for anticipatory bail has been made.

4. It has been submitted by the learned counsel for the victim that he has been abused by taking his caste name in public place and as such offence under section SC/ST (POA) Act is made out.

5. Having heard the learned counsel for the parties and from perusal of the impugned order, it appears that there is serious land dispute between the parties. As per the report of the police investigation, the disputed land is under possession of the appellants.

6. Considering the above facts and mandate of the Hon'ble Apex Court as stated above, the appellants are directed to surrender in the court below, within four weeks from the date of receipt/production of a copy of this order, and in the event of their arrest or surrender, the court below shall enlarge them on bail, on their furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of like amount each to the satisfaction of the learned A.D.J.-IV-cum-Spl. Judge, Deoghar in connection with SC/ST Case No.180 of 2017, on the conditions as laid down under Section 438 (2) Cr.P.C.

7. Accordingly, the instant appeal is, hereby, allowed.

(Rajesh Kumar, J.)

Amar/-