Arvind Kumar vs The State Of Jharkhand on 30 March, 2026

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    Jharkhand High Court

    Arvind Kumar vs The State Of Jharkhand on 30 March, 2026

    Author: Anil Kumar Choudhary

    Bench: Anil Kumar Choudhary

                                                                           [2026:JHHC:8994]
    
    
    
    
                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Appeal (S.J.) No. 1057 of 2025
    
                        Arvind Kumar, aged about 28 years, son of Jhaman
                        Mahto, resident of Talasbar, Block Barkagaon, P.O. &
                        P.S. Barkagaon, District Hazaribagh (Jharkhand)
                                                          ...... Appellant
                                         Versus
                     1. The State of Jharkhand
                     2. Sunny Kumar, son of Dhaneshwar Ram, resident of
                        Village Chopdar, Balia P.O. & P.S. Barkagaon, District -
                        Hazaribagh.                       ..... Respondents

    For the Appellants : Mr. Sumeet Gadodia, Adv.

    Mr. Ranjeet Kushwaha, Adv.

    SPONSORED

    Mr. Prakhar Harit, Adv.

                     For the State                     : Ms. Bandna Sinha, Addl. PP
                     For the Respondent No. 2          : Mr. Lalit Yadav, Adv.
    
    
                                        PRESENT
    
                 HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
    
    
    
    By the Court:-   I.A. No. 4372 of 2026
                           Heard the parties.
    

    Learned counsel for the appellant submits that
    this interlocutory application has been filed for early
    hearing of this appeal.

    Since, the hearing of this appeal is taken up
    today, hence, this interlocutory application stands
    disposed of being infructuous.

    (Anil Kumar Choudhary, J.)

    I.A. no. 16857 of 2025
    Learned counsel for the appellant does not press
    this interlocutory application.

    Accordingly, this interlocutory application is
    rejected as not pressed.

    (Anil Kumar Choudhary, J.)

    1 Cr. Appeal (SJ) No. 1057 of 2025
    [2026:JHHC:8994]

    Cr. Appeal (S.J.) No. 1057 of 2025

    2. This appeal has been filed under Section 14 A (2) of the
    Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
    Act, 1989 with the prayer to set aside the order dated 07.11.2025
    passed in ABP no. 1840 of 2025 by the learned Additional Sessions
    Judge-VI-cum-Special Judge, SC/ST Act, Hazaribagh whereby
    and where under the prayer for anticipatory bail was rejected in
    connection with Barkagaon P.S. Case No.248 of 2023 registered for
    the offences punishable under Sections 147, 148, 149, 341, 323, 325,
    307, 379 and 504 of the Indian Penal Code and Sections 3(1)(r) and
    3(1) (s) of Scheduled Castes and Scheduled Tribes (Prevention of
    Atrocities) Act, 1989 in which the charge sheet is yet to be
    submitted and the investigation of the case is going on.

    3. The allegation against the appellant is that the appellant was a
    member of an unlawful assembly and in prosecution of the
    common object of the assembly, indulged in assaulting the victims
    and abused the informant by using his caste name in vulgar
    language. Learned Special Judge, SC/ST Act, Hazaribagh
    considered that since the case is registered involving the offences
    punishable under Section 3(1)(r) and 3(1) (s) of Scheduled Castes
    and Scheduled Tribes (Prevention of Atrocities) Act, 1989 so the
    anticipatory bail application is not maintainable in view of Section
    18
    of the Scheduled Castes and Scheduled Tribes (Prevention of
    Atrocities) Act, 1989 and rejected the prayer for anticipatory bail
    of the appellant, keeping in view of the gravity of the offence.

    4. It is jointly submitted by learned counsel for the appellant and
    learned counsel for the respondents, drawing attention of the
    court to the supplementary affidavit which is annexed with the
    joint compromise petition, signed by both the informant and the
    appellant and the signature of the informant is identified by
    learned counsel Mr. Lalit Yadav that the informant and the
    appellant have entered into a compromise outside the court, with
    the intervention of the well-wishers, relatives and common

    2 Cr. Appeal (SJ) No. 1057 of 2025
    [2026:JHHC:8994]

    friends and have resolved their dispute and good relationship has
    been restored, hence, the appellant and the respondents have no
    objection, if the anticipatory bail is allowed to the appellant. It is
    submitted by learned counsel for the appellant that since in the
    FIR, it has not been disclosed as to which caste, the informant
    belongs nor there is any averment that the informant-victim is
    either a member of the Scheduled Caste or a member of the
    Scheduled Tribes and in the absence of the same, neither the
    offence punishable under Sections 3(1)(r) nor the offence
    punishable under Section 3(1) (s) of Scheduled Castes and
    Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out,
    hence, appellant ought to have been granted anticipatory bail by
    the learned Additional Sessions Judge-VI-cum-Special Judge,
    SC/ST Act, Hazaribagh, hence it is submitted that the prayer as
    made in this appeal be allowed.

    5. Having heard the submissions made at the Bar and after going
    through materials available in the record, this court finds that
    there is absolutely no averment in the First Information Report to
    the effect that the victim is either the member of the Scheduled
    Castes or the member of the Scheduled Tribes and in absence of
    that, this Court has no hesitation in holding that neither the
    offence punishable under Sections 3(1)(r) nor the offence
    punishable under Section 3(1) (s) of Scheduled Castes and
    Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out
    against the appellant and in view of the compromise entered into
    between the parties, learned Additional Sessions Judge-VI-cum-
    Special Judge, SC/ST Act, Hazaribagh has committed illegality by
    not granting the privileges of anticipatory bail to the appellant
    and this is a fit case, where the appellant be given the privilege of
    anticipatory bail. Accordingly, the order dated 07.11.2025 passed
    in ABP no. 1840 of 2025 passed by learned Additional Sessions
    Judge-VI-cum-Special Judge, SC/ST Act, being not sustainable in
    law is set aside and the prayer for anticipatory bail application of
    the appellant is allowed. Hence, in the event of arrest by the police

    3 Cr. Appeal (SJ) No. 1057 of 2025
    [2026:JHHC:8994]

    or surrender within a period of six weeks from the date of this
    order, the appellant shall be released on bail on furnishing bail
    bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two
    sureties of the like amount each to the satisfaction of learned
    Additional Sessions Judge-VI-cum-Special Judge, SC/ST Act,
    Hazaribagh in connection with Barkagaon P.S. Case No.248 of
    2023 subject to the condition that the appellant will co-operate
    with the Investigation of the case and will appear before the
    Investigating Officer as and when noticed by him and will submit
    mobile number and photocopy of Aadhaar card at the time of
    surrender in the court below with an undertaking not to change
    mobile phone number during the pendency of the case.

    (Anil Kumar Choudhary, J.)
    High Court of Jharkhand, Ranchi
    Dated, the 30th March, 2026
    Smita /AFR

    Uploaded on 02.04.2026

    4 Cr. Appeal (SJ) No. 1057 of 2025



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