Mohammad Hasnain Vs the State of Jharkhand

3. The present appeal has been filed against the order dated 05.07.2024 passed by learned Additional Judicial Commissioner-II-cum-Special Judge, SC/ST Act, Ranchi in A.B.P No.1559 of 2024, arising out of Protest (Complaint) Case No.14 of 2022 in SC/ST P.S. Case No.57 of 2021, corresponding to SC/ST Complaint Case No.51 of 2021, for the offence under Sections 323, 341, 504 & 34 of the Indian Penal Code and Sections 3(1)(s) of the SC/ST (Prevention of Atrocities) Act by which the prayer for anticipatory bail of the appellants have been rejected.

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4. Although, law does not permit anticipatory bail, but the learned counsel for the appellants has submitted that it is nothing but misuse of the process of

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2026:JHHC:9553

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the court. Learned counsel for the appellants has submitted that the F.I.R has been lodged and the police has submitted a report before the SDM, Ranchi on 20.04.2021 stating that the appellants are the owner of the land they never used abusive words. On the above basis, prayer for bail has been made.

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5. Learned counsel for the State and the victim have opposed the prayer for bail and it has been submitted that a case has been filed for cancellation of the Jamabandi but that has been refused rather the order has been passed by the trial court in favour of the informant. He is still claiming his right and title on the said land.

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6. Thus, it is a pure civil dispute between the parties as such, I am inclined to grant the privilege of 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 Additional Judicial Commissioner-II-cum-Special Judge, SC/ST Act, Ranchi in connection with Protest (Complaint) Case No.14 of 2022 in SC/ST P.S. Case No.57 of 2021, corresponding to SC/ST Complaint Case No.51 of 2021, on the conditions as laid down under Section 482 of the B.N.S.S., 2023. Further, the appellants 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.

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

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(Rajesh Kumar, J.)

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Dated: 06^th April, 2026 Raja/- Uploaded

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Page No.2 Criminal Appeal (S.J) No.25 of 2025

Mohammad Hasnain v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mohammad Hasnain v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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