Raju Kundu Vs the State of Jharkhand

2026:JHHC:16758

IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.92 of 2026

Raju Kundu @ Surajit Kundu aged 35 years, son of Late Lakhi Charan Kundu, resident of Gangadih, P.S.-Kowali, P.O.-Haludpukhur, District – East Singhbhum, Jharkhand - 831002 …. …. Appellant

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…. …. Appellant

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Versus

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1. The State of Jharkhand

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2. Mukesh Shit son of Banmali Shit, 31 years, resident of Village Hesal, Amda, P.O.-Amlatola, P.S.-Kowali, District – East Singhbhum, Jharkhand.

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…. …. Respondents

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Appellant	---- : Mr. Ranjan Kr. Tiwary, Adv. Mrs. Prachi Pradipti, Adv. Mr. Sanjay Kr. Pandey, Adv.
For the State	: Mr. Pankaj Kumar, P.P.
For the Respondent No.2	: Ms. Rajika Mahali, Amicus Curiae ----

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05/Dated: 10^th June, 2026

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

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2. Heard learned counsel for the appellant, learned counsel for the State and learned Amicus Curiae.

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3. The appeal has been filed against the impugned order dated 03.01.2026 in A.B.P. No.1985 of 2025 passed by the learned Additional Sessions Judge-I-cumSpecial Judge SC/ST (PoA Act), Jamshedpur in connection with Kowali P.S. Case No.62 of 2024, registered for the offence under Sections 191(2), 190, 126(2), 127(2), 115(2), 324(4) and 352 of the B.N.S. 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 SC/ST (PoA Act), Jamshedpur.

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4. It has been submitted by the learned counsel for the appellant that it was a political dispute and the FIR has been lodged in which there was no reference to the SC/ST, but after conclusion of the election and the rival party has form the government, the present addenda has been made under the SC/ST (PoA) Act also. It has further been submitted by the learned counsel that merely using the word “ Aadivashi ” is not a crime. On the above basis, the prayer for anticipatory bail has been made.

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2026:JHHC:16758

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5. On the other hand, learned counsel for the State and the learned Amicus Curiae have opposed the prayer for anticipatory bail and it has been submitted that the FIR itself suggests that abusive language has been used and as such none addition of the SC/ST (PoA) Act in the earlier FIR does not make any difference.

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6. Having learned the learned counsel for the parties and from perusal of the records, it appears that it is in the political arena and the SC/ST (PoA) Act has been added after conclusion of the election and further merely the “caste name” has been used.

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7. Considering the above facts, the appellant, above named, is 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 his arrest or surrender, he shall be enlarged on bail, on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge SC/ST (PoA Act), Jamshedpur in connection with Kowali P.S. Case No.62 of 2024 on the conditions as laid down under Section 482 B.N.S.S., 2023 . Further, the appellant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.

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8. In the result, the instant appeal stands allowed and disposed of. 9. The assistance given by Ms. Rajika Mahali, learned amicus curiae, is highly appreciable.

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10. Let this order be communicated to the learned Member Secretary, JHALSA, Ranchi, for the purpose of remuneration to be paid to the learned Amicus Curiae as permissible.

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(Rajesh Kumar, J.)

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Dated: 10^th June, 2026 Amar/Uploaded on 12.06.2026

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Criminal Appeal (S.J.) No.92 of 2026

Raju Kundu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Raju Kundu 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

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