Kulo Yadav Alias Kuleshwar Yadav Alais Kuleshwar Gope Vs… — Anticipatory Bail | Jharkhand HC (2026)

Kulo Yadav Alias Kuleshwar Yadav Alais Kuleshwar Gope Vs… — Anticipatory Bail | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both appellants: surrender in the trial court within four weeks; on arrest or surrender, enlargement on bail on furnishing a bail bond of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Special Judge, SC/ST (PoA), Giridih, in connection with SC/ST (PoA) P.S Case No.40 of 2024, on the conditions laid down under Section 482 of the B.N.S.S., 2023, along with submission of self-attested Aadhaar card photocopies and active mobile numbers till conclusion of the case; personal appearance of the investigating officer dispensed with.

Issue for consideration

Whether the bar imposed by Section 18 of the SC/ST (PoA) Act on the grant of anticipatory bail applies to the appellants, given that such bar would not apply where no prima facie offence under the Act is made out. +2 more

Court's answer

Although Section 18 of the SC/ST (PoA) Act bars the grant of anticipatory bail, such bar would not apply in a case where no prima facie offence under the Act is made out.

Ratio / Principle

From the facts argued, it appears prima facie that the victim lodged the case in a planned manner and that the protective legislation has been misused by the victim.

Key takeaways

Anticipatory bail is granted to the appellants: they are directed to surrender in the trial court within four weeks from receipt/production of a copy of the order, and in the event of arrest or surrender they shall be enlarged on anticipatory bail.ratio¶9
Terms of enlargement: bail bond of Rs.10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Special Judge, SC/ST (PoA), Giridih, in connection with SC/ST (PoA) P.S Case No.40 of 2024, on the conditions laid down under Section 482 of the B.N.S.S., 2023.ratio¶9

Detailed headnote1 paragraphs

Criminal Appeal (S.J) No.13 of 2026, High Court of Jharkhand at Ranchi (Rajesh Kumar, J.), decided 09th July, 2026 — Appeal under Section 14-A of the SC/ST (PoA) Act filed against the order dated 24.09.2025 of the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST (PoA) Act, Giridih in A.B.P No.1178 of 2025, connected with SC/ST (PoA) P.S Case No.40 of 2024 (offences under Sections 352, 303(2), 351(2) of the BNS, 2023 and Sections 3(1)(r)(s) of the SC/ST (PoA) Act). Held: the Section 18 bar on anticipatory bail does not apply where no prima facie offence under the Act is made out; on the material placed (incident dated 08.07.2024, caste certificate obtained 16.07.2024, case lodged 05.10.2024) the Court found the victim had lodged the case in a planned manner and that the protective legislation had prima facie been misused. Anticipatory bail granted: appellants to surrender within four weeks; bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Special Judge, SC/ST (PoA), Giridih, on conditions under Section 482 of the B.N.S.S., 2023, with Aadhaar-card and active-mobile-number conditions till conclusion of the case. Appeal allowed and disposed of; personal appearance of the investigating officer dispensed with.

2026:JHHC:20264

IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J) No.13 of 2026

Kulo Yadav @ Kuleshwar Yadav @ Kuleshwar Gope, aged about 59 years, son of late Puran Yadav

Prakash Kumar Yadav @ Prakash Yadav, aged about 32 years, son of Kulo Yadav

Both resident of Village Birney, P.O. Birney, P.S. Gawan, District Giridih …. …. Appellant(s)

-Versus-

The State of Jharkhand

Ashok Paswan, aged about 40 years, son of Late Mathura Paswan, Resident of Village Birne, P.O. & P.S. Gawan, District Giridih, Jharkhand

…. …. Respondent(s)

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

For the Appellants	---- : Mr. Rakesh Kumar, Adv.
For the State	: Mr. Saket Kumar, A.P.P
For the Respondent No.2	: Mr. Kamdeo Pandey, Adv. ----

07/Dated: 09^th July, 2026

1. The present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. Heard learned counsel for the appellants, learned counsel for the State and the learned counsel for the respondent No.2/victim.

3. It is well settled that although Section 18 of the SC/ST (PoA) Act bars the grant of anticipatory bail, such bar would not apply in case where no prima facie offence under the Act is made out.

4. Pursuant to the order dated 02.07.2026, Mr. Prawesh Choudhary, Investigating Officer of this case is present before this Court.

5. The present appeal has been filed against the order dated 24.09.2025 passed by the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST (PoA) Act, Giridih in A.B.P No.1178 of 2025 in connection with SC/ST (PoA) P. S Case No.40 of 2024, registered for the offences under Sections 352, 303(2), 351(2) of the BNS, 2023 and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case is presently pending in the Court of learned Special Judge, SC/ST (PoA) Giridih.

2026:JHHC:20264

6. It has been submitted by the learned counsel for the appellants that there is a simple scuffle between. It has further been submitted that the incident is dated 08.07.2024 and the caste certificate has been obtained on 16.07.2024 and thereafter, the present case has been lodged on 05.10.2024. It is a planned case and the protective legislation has been misused. On the above basis, prayer for anticipatory bail has been made.

7. Learned counsel for the State and the learned counsel for the respondent No.2 have opposed the prayer for anticipatory bail but could not dispute the above factual matrix.

8. From perusal of the arguments of the above facts, it appears that the victim has lodged this case in a planned manner and it is a clear-cut case where the protective legislation has prima facie been misused by the victim.

9. Considering the above facts, I am inclined to grant anticipatory bail to the appellants. Accordingly, the appellants, named above, are directed to surrender in the trial court within four weeks from the date of receipt/production of a 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/- ( Rs. Ten Thousand ) each with two sureties of the like amount each, to the satisfaction of learned Special Judge, SC/ST (PoA), Giridih, in connection with SC/ST (PoA) P.S Case No.40 of 2024, on the conditions as laid down under Section 482 of the B.N.S.S., 2023 . Further, the appellant(s) will submit self-attested photocopy of his /her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned trial court which he/she/they will always keep active and will not change it without prior permission of the court, till conclusion of the case.

10. In the result, the present criminal appeal stands allowed and accordingly, disposed of.

11. The personal appearance of the investigating officer is hereby, dispensed with.

(Rajesh Kumar, J.)

Dated: 09^th July, 2026 Raja/- Uploaded on 13.07.2026

Criminal Appeal (S.J) No.13 of 2026