Patna High Court

Ramlayak SinghversusThe State of Bihar

Decided: 12 March 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The High Court set aside the order rejecting anticipatory bail and granted bail to the appellant with conditions.

Summary

Ramlayak Singh appealed against the order of a Special Judge that rejected his anticipatory bail application in a case where he was accused of killing a man who was beating his wife. The prosecution charged him under Section 105 of the BNS Act and several provisions of the SC/ST (Prevention of Atrocities) Act. The appellant argued that he was falsely implicated, that he intervened to separate the couple, and that the incident amounted only to culpable homicide, not murder. The State opposed the bail. The Patna High Court held that the anticipatory bail application was maintainable, set aside the Special Judge’s order, and directed that the appellant be released on bail with specified conditions. Consequently, the appeal was allowed.

Issues considered

Whether anticipatory bail is maintainable in a case involving offences under the BNS Act and the SC/ST (Prevention of Atrocities) Act.
Whether the alleged act constitutes murder or culpable homicide not amounting to murder.
Whether the SC/ST status of the deceased influences the grant of anticipatory bail.

Legislation cited

Code of Criminal Procedure — s. 438(2)
SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(va)

Subjects

anticipatory bail
SC/ST Act
culpable homicide
murder
bail conditions
Bihar High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3953 of 2025
                       Arising Out of PS. Case No.-115 Year-2025 Thana- ROHTAS District- Rohtas
                 ======================================================
                 Ramlayak Singh Son of Late Nathuni Singh Resident of Village
                 -Narayanchak PS and District -Rohtas

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar bihar
           2.    Gulbani Devi Wife of Manoj Kumar Resident of Village -Narayanchak PS
                 and District -Rohtas

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Birendra Kumar Singh
                 For the Respondent/s    :        Mr.Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   12-03-2026                  Heard the parties.

                               2. This appeal is preferred against the order dated

                   29.08.2025 passed by the learned Special Judge, SC/ST Act,

                   Sasaram, Rohtas in connection with Rohtas P.S. Case No. 115 of

                   2025 registered for the offence under Section 105 of the BNS

                   and under section 3 (1) (s), 3(1)(r), 3(2)(va) of S.C/S.T. (POA)

                   Act by which anticipatory bail filed by the appellant has been

                   rejected.

                               3. As per the prosecution case, the appellant is said to

                   have killed the deceased.

                               4. Learned counsel for the appellants submits that the

                   appellant has falsely been implicated in this case and no offence
Patna High Court CR. APP (SJ) No.3953 of 2025(5) dt.12-03-2026
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          under the provisions of SC/ST Act and BNS Act is made out in

          this case as the occurrence has taken place when the deceased

          was beating his wife and the appellant tried to separate them but

          during the same, the incident took place. He further submits that

          the present is a case of culpable homicide which is not

          amounting to murder.

                       5. Learned counsel for the State has opposed the

          prayer of the appellant.

                       6. From the reading of the entire FIR it does not

          appear that offence has been committed because of the fact that

          the deceased was a member of the SC/ST community and

          therefore, this application for grant of anticipatory bail is held to

          be maintainable.

                       7. Considering the facts of the case and the rival

          submissions of the parties, this appeal is allowed and

          accordingly, the order dated 29.08.2025, is hereby set aside.

                       8. Let the appellant, in the event of his arrest or

          surrender within four weeks from today, be released on bail on

          furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned Special Judge, SC/ST Act, Rohtas at

          Sasaram/concerned Court below in in connection with Rohtas
          Patna High Court CR. APP (SJ) No.3953 of 2025(5) dt.12-03-2026
                                                       3/3




                    P.S. Case No. 115 of 2025, subject to the conditions laid down

                    under Section 438(2) of the Code of Criminal Procedure/482(2)

                    of the BNSS.



                                                                (Sandeep Kumar, J)
Vikas/-

U

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