Mumtaj Ali Vs State of Jharkhand — Anticipatory Bail | Jharkhand HC (2026)

Mumtaj Ali Vs State of Jharkhand — Anticipatory Bail | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Appeal allowed and disposed of: appellant permitted to surrender before the court below within four weeks and, on arrest or surrender, to be enlarged on bail on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 482 of the B.N.S.S., 2023; appellant additionally to submit a self-attested photocopy of his Aadhaar Card and provide a mobile number to be kept active throughout the pendency of the case.

Issue for consideration

Whether the bar imposed by Section 18 of the SC/ST (PoA) Act on the grant of anticipatory bail applies where no prima facie offence under the Act is made out. +1 more

Court's answer

Although Section 18 of the SC/ST (PoA) Act bars the grant of anticipatory bail, that bar does not apply where no prima facie offence under the Act is made out, as held by the Hon’ble Apex Court in Hitesh Verma v. State of Uttarakhand (2020) 10 SCC 710; accordingly, the Section 18 bar was treated as inapplicable in this matter.

Ratio / Principle

The appellant is directed to surrender before the court below within four weeks of receipt/production of a copy of the order and, in the event of his arrest or surrender, is to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482 of the B.N.S.S., 2023.

Detailed headnote1 paragraphs

Criminal Appeal (S.J.) No.859 of 2025, High Court of Jharkhand at Ranchi (Rajesh Kumar, J.), decided 17 April 2026. Appeal under Section 14-A of the SC/ST (PoA) Act by Mumtaj Ali against the order dated 02.09.2025 of the Additional Sessions Judge, 1st-cum-Special Judge, SC/ST, Dhanbad in A.B.P. No.2314 of 2025, arising from Dhanbad P.S. Case No.236 of 2025 registered under Sections 308(4), 351(2), 352, 356(2) of Bharatiya Nyaya Sanhita 2023 and Sections 3(1)(r) & 3(1)(s) of the SC/ST Act. Holding: although Section 18 of the SC/ST (PoA) Act bars anticipatory bail, the bar does not apply where no prima facie offence under the Act is made out, per Hitesh Verma v. State of Uttarakhand (2020) 10 SCC 710; senior counsel had contended (invoking Pramod Suryabhan Pawar v. State of Maharashtra, 2019 (9) SCC 608) that the allegation, being a telephonic conversation, does not meet the ‘public view’ requirement. Disposition: appeal allowed and disposed of; appellant to surrender within four weeks and, on arrest or surrender, to be enlarged on bail on bonds of Rs. 10,000/- with two like sureties, subject to Section 482 BNSS 2023 conditions, submission of self-attested Aadhaar copy and maintenance of an active mobile number.

2026:JHHC:10958

IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.859 of 2025

Mumtaj Ali, S/o Khalil Azad, Aged about 42 years, R/o – Ha, Chandankiary Road, Kokar Chowk, P.O.+P.S.- Chas, Dist.-Bokaro, Jharkhand.

…. …. Appellant

Versus

1. The State of Jharkhand

2. Subal Kumar Das, Son of Late Panu Das, Aged about 42 years, R/o-Harijan Basti, Bartand, P.O.+P.S.- Dhanbad, Dist.-Dhanbad, Jharkhand.

…. …. Respondents

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

For the Appellant	---- : Mr. Ajit Kumar, Sr. Adv. Ms. Khushboo Kumari, Adv. Mr. Shailesh Kumar, Adv.
For the State	: Mr. Suraj Deo Munda, A.P.P.
For the Resp. No.2	: Mr. Naresh Pd. Thakur, Adv. ----

05/Dated: 17^th April, 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 senior counsel for the appellant and learned counsel for the State and learned counsel for the victim.

3. The appeal has been filed against the impugned order dated 02.09.2025 passed by the learned Additional Sessions Judge, 1^st -cum-Special Judge, SC/ST Dhanbad in A.B.P. No.2314 of 2025 in connection with Dhanbad P.S. Case No.236 of 2025, registered for the offence under Sections 308(4), 351(2), 352, 356(2) of Bharatiya Nyaya Sanhita 2023 & under Section 3(1)(r) & 3(1)(s) of the SC/ST Act. The case is presently pending in the court of the learned Additional Sessions Judge, 1^st -cum-Special Judge, SC/ST Dhanbad.

4. 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 cases where no prima facie offence under the Act is made out, as held by the Hon’ble Apex Court in the case of Hitesh Verma v. State of Uttarakhand , reported in (2020) 10 SCC 710.

5. Learned senior counsel for the appellant has submitted that the allegation pertains to a telephonic conversation and does not satisfy the requirement of being in “public view.” In support of this contention, reliance has been placed on the

2026:JHHC:10958

judgment of the Hon’ble Apex Court in Pramod Suryabhan Pawar v. State of Maharashtra reported in 2019 (9) SCC 608.

6. On the basis of the aforesaid submissions and the settled position of law, it has been contended by the learned senior counsel that no offence under the SC/ST Act is made out and the protective provisions made for the weaker sections of the society have been misused.

7. Learned counsel for the State and the respondent no.2 have opposed the prayer for anticipatory bail.

8. Considering the factual matrix of the case and the law laid down by the Hon’ble Apex Court, the appellant, named above, is directed to surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order. In the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge, 1st-cum-Special Judge, SC/ST, Dhanbad, in connection with Dhanbad P.S. Case No. 236 of 2025, subject to the conditions as laid down under Section 482 of the B.N.S.S., 2023.

9. The appellant shall also submit a self-attested photocopy of his Aadhaar Card and his mobile number before the learned court below, which shall be kept active at all times during the pendency of the case and shall not be changed without prior permission of the court.

10. In the result, the instant appeal stands allowed and disposed of.

(Rajesh Kumar, J.)

Dated: 17^th April, 2026 Amar/Uploaded on 18.04.2026

Page | 2

Criminal Appeal (S.J.) No.859 of 2025