[Cites 10, Cited by 0]
Jharkhand High Court
Satya Narayan vs The State Of Jharkhand on 17 March, 2026
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
(2026:JHHC:7679)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Crl. Appeal (SJ) No. 764 of 2024
1. Satya Narayan, aged about 30 years, S/o Muneshwar Mahto, R/o P-69/ 4 C
O D, Naraina Delhi Cantt, South West Delhi, PO- Delhi Cantt., PS- Delhi
Cantt. and at present Jhiro Chatti, PO- Jhiko Chatti, PS- Bhandra, Distt :-
Lohardaga.
2. Anjali Kumari, D/o Muneshwar Mahto, R/o Village- Jharo Chatti, PO-
Jhiko Chatti, PS- Bhandra, Distt :- Lohardaga.
.... .. ... Appellant(s)
Versus
1. The State of Jharkhand.
2. Anil Oraon, S/o Late Birsa Oraon, R/o Village- Jhiko Chatti, PO- Jhiko Chatti,
PS- Bhandra, Distt :- Lohardaga.
.. ... ...Respondent(s)
With
Crl. Appeal (SJ) No. 494 of 2024
..............
Muneshwar Mahto, S/o Late Dunwa Mahto, R/o Village - Jhiko Chatti, PO and
PS- Bhandra, Distt :- Lohardaga.
Versus
1. The State of Jharkhand.
2. Anil Oraon, S/o Late Birsa Oraon, R/o Village- Jhiko Chatti, PO
& PS- Bhandra, Distt :- Lohardaga.
...........
CORAM :HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
.........
For the Appellant (s) : Dr. (Mrs). Vandana Singh, Advocate
Mr. Gopal K. Sinha, Advocate
For the State : Mr. Sardhu Mahto, APP
Mr. Rajesh Kumar, APP
For the Resp. No.2 : Mr. Ganesh Ram, Advocate
......
12/ 17.03.2026. Heard, learned counsel for the parties.
1. Both the aforesaid Cr. Appeal (SJ) have been filed under Section 14A (1) of
the Schedule Castes and the Schedule Tribes (Prevention of Atrocities)
Amendment Act, 2015.
2. Since both the aforesaid Cr. Appeals (SJ) are directed against the separate
orders by which prayer for anticipatory bail of the appellants was rejected in
connection with the same case i.e. Bhandra P.S. Case No.19/ 2024, hence,
both the aforesaid Cr. Appeals (SJ) are being disposed of by this common
order/ judgment.
3. Criminal Appeal (SJ) No.764 of 2024 is directed against the order dated
30.08.2024 passed by the learned Addl. Sessions Judge-I-cum- Special Judge,
SC/ST Act, Lohardaga, in A. B. P. No.302 of 2024 (arising out of Bhandra
P.S. Case No.19 of 2024) registered under Sections 341, 323, 504, 506, 324,
326, 307/ 34 IPC and Section 3(1) (r)/ 3(1)(s) of SC/ST Act, whereby and
where under the prayer for anticipatory bail of these appellants has been
rejected.
(2026:JHHC:7679)
Crl. Appeal (SJ) No. 494 of 2024 is directed against the order dated
19.06.2024 passed by the learned Addl. Sessions Judge-I-cum- Special Judge,
SC/ST Act, Lohardaga, in A. B. P. No.179 of 2024 (arising out of Bhandra
P.S. Case No.19 of 2024) registered under Sections 341, 323, 504, 506, 324,
326, 307/ 34 IPC and Section 3(1) (r)/ 3(1)(s) of SC/ST Act, whereby and
where under the prayer for anticipatory bail of the appellant has been rejected
on the ground that the alleged offences appear to be interconnected with the
provision under Section 18 of the SC/ ST (Prevention of Atrocities) Act,
1989.
4. The allegation against the appellant of Crl. Appeal (SJ) No. 494 of 2024 is that
the appellant consequent upon eating of crop by the cow of the informant,
tied the cow in his house and when the informant approached, he became
enraged and assaulted the informant with stick.
5. The allegation against the appellant no.1 in Cr. Appeal No.764 of 2024 is that
he assaulted the informant with lathi and iron pipe and allegation against the
appellant No.2 in Cr. Appeal No.764 of 2024 is that she bite the finger of the
informant with her teeth causing bleeding injury.
6. On the basis of the written report submitted by the informant, Police
registered the FIR being Bhandra P.S. Case No.19 of 2024 and took up
investigation of the case. Subsequently vide order dated 06.06.2024 on the
prayer of the investigating officer of the case, the offences punishable under
Section 3(1)(r)/ 3(1) (s) of the SC/ ST (Prevention of Atrocities) Act were
added to the FIR.
7. It is submitted by the learned counsels for the appellants that the FIR is silent
about any offence punishable under the penal provisions of the SC/ ST
(Prevention of Atrocities) Act. There is absolutely no allegation anywhere in
the case diary to attract any of the offences punishable under the penal
provisions of the SC/ ST (Prevention of Atrocities) Act. Hence, it is submitted
that the learned Addl. Sessions Judge-I-cum- Special Judge, SC/ST Act,
Lohardaga, has committed a grave illegality by rejecting the prayer for
anticipatory bail of the appellants on the flimsy ground that the provision of
Section 18 of the SC/ ST (Prevention of Atrocities) Act, 1989 is attracted.
Learned counsels for the appellants next submitted that the alleged injuries
sustained by the informant are simple in nature.
8. Hence, it is submitted that the impugned orders passed by the learned court
below in both the aforesaid Cr. Appeal(s) be quashed and set aside and the
appellants be given privilege of anticipatory bail.
(2026:JHHC:7679)
9. On the other hand, learned APP for the State assisted by learned counsel for
the Respondent No.2 opposed the prayer made in both the aforesaid Cr.
Appeals, but fairly submits that nowhere in the case diary, the caste's name
of the informant has been mentioned.
10. Having considered the submissions advanced on behalf of the parties and
after going through the materials on record, this Court finds that there is
absolutely no averment in the FIR of any occurrence or any offence
punishable under the penal provisions of the SC/ ST (Prevention of
Atrocities) Act, having been committed by any of the appellants. There is no
material on record to suggest about the ingredients of any of the penal
provisions of the SC/ ST (Prevention of Atrocities) Act, 1989 having been
committed by any of the appellants.
11. Under such circumstances, this Court has no hesitation that the learned Addl.
Sessions Judge-I-cum- Special Judge, SC/ST Act, Lohardaga has committed
a grave illegality in rejecting the prayer for anticipatory bail on the ground
that the alleged offences appear to be interconnected with the provision under
Section 18 of the SC/ ST (Prevention of Atrocities) Act, 1989.
12. Accordingly, the order dated 30.08.2024 in A. B. P. No.302 of 2024 and the
order dated 19.06.2024 in A. B. P. No.179 of 2024 passed by the learned
Addl. Sessions Judge-I-cum- Special Judge, SC/ST Act, Lohardaga, are set
aside.
13. The appellants, above-named are directed to surrender before the learned
court below within six weeks from the date of this order and on their
surrender, they will be enlarged on bail on furnishing bail bond of Rs.25,000/-
(Rupees Twenty Five Thousand) each with two sureties of the like amount
each to the satisfaction of learned Addl. Sessions Judge-I-cum- Special Judge,
SC/ST Act, Lohardaga, and subject to the condition that they will furnish
their mobile number and photocopy of the Aadhar Card in the court below
with an undertaking that they will not change their mobile number during the
trial of the case and will not annoy or disturb the informant or witnesses of
the case during the pendency of the case.
Accordingly, both the aforesaid the instant Criminal Appeal stand
allowed.
(Anil Kumar Choudhary, J.)
Sandeep/
Uploaded.
