Binod Saw Vs the State of Jharkhand

3. In pursuance of the order dated 29^th June, 2026, the Investigating Officer namely Md. Samsuddin, Sub-Inspector, Jainagar Police Station is present before this Court.

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4. The appeal has been filed against the impugned order dated 03.07.2025 in A.B.P. No.459 of 2025 passed by the learned Additional Sessions Judge-I-cumSpecial Judge, S.C. & S.T. (PoA) Act, Koderma in connection with Jainagar P.S. Case No.125 of 2015, registered for the offence under Sections 329(3), 318(4), 127(7)

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2026:JHHC:20221

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& 3(5) of the Bharatiya Nyaya Sanhita, 2023 and under Section 3(1)(r)(s) of the SC/ST (PoA) Act. The case is presently pending in the court of the learned Additional Sessions Judge-I-cum-Special Judge, S.C. & S.T. (PoA) Act, Koderma.

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5. Although Section 18 of the SC/ST (PoA) Act bars the grant of anticipatory bail, such embargo would not apply where no prima facie offence under the provisions of the Act is made out. 6. From the investigation done by the Investigating Officer, it appears that this is a vacant land and there is Shiva Temple and a statue of lord Bajrangbali is also constructed on that land. 7. It has been submitted by the learned counsel for the appellants that the land in question is gair majurua and the victim claimed that it has been given to him under the Bhudaan Yagya Committee and Jamabandi has also been created. Further, the appellants has given undertaking that they have no concern with the said piece of land either by ownership or by possession. Further, they undertake not to disturb the status of the land. On the above basis, the prayer for anticipatory bail has been made.

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8. On the other hand, learned counsels for the State and the informant have opposed the prayer for bail. 9. Considering the above facts, the appellants, above named, are directed to surrender in the court below within four weeks from the date of receipt/ production of the copy of this order and in the event of their arrest or surrender, they shall be enlarged on bail, on their furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, S.C. & S.T. (PoA) Act, Koderma in connection with Jainagar P.S. Case No.125 of 2015 on the conditions as laid down under Section 482 B.N.S.S., 2023 . Further, the appellants will not disturb the status of the land and submit self-attested photocopy of their Aadhaar Cards and also submit their mobile numbers before the learned court below which they will always keep active and will not change it during pendency of this case without prior permission of the court. 10. In the result, the instant appeal stands allowed and disposed of.

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(Rajesh Kumar, J.)

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Dated: 08^th July, 2026 Amar/Uploaded on 13.07.2026

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Criminal Appeal (S.J.) No.671 of 2025

Binod Saw v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Binod Saw 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

Coram

Case details

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