Patna High Court
Pankaj Kumar Manjhi @ Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted bail to the petitioner on the condition of a Rs. 10,000 bond with two sureties.
Summary
Raju Sah was arrested in connection with a FIR alleging the gruesome killing of a husband and wife, with the prosecution alleging he suggested the murders as a practitioner of black magic. He has been in custody since 18 October 2025 and has no prior criminal record. The petitioner sought bail, arguing that the FIR does not specifically name him for any concrete act and that the allegations against him are vague. The State and the informant opposed bail, emphasizing the seriousness of the offences under multiple sections of the Bihar Narcotic Substances Act, 2023 and the Arms Act. Considering the lack of antecedent, the vague nature of the accusation, and the period of custody, the court granted bail on a bond of Rs. 10,000 with two sureties, noting that the order is prima facie and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged murder and offences under the Bihar Narcotic Substances Act, 2023 and the Arms Act.
- Whether the allegations against the petitioner are sufficiently specific to deny bail.
- Whether the absence of prior criminal antecedent and the period of custody justify bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 115, 118(2), 126(2), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- murder
- black magic allegation
- Arms Act
- Bihar Narcotic Substances Act
- surety
- antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35306 of 2026
Arising Out of PS. Case No.-369 Year-2025 Thana- JAMOBAZAR District- Siwan
======================================================
Raju Sah S/o Gautam Sah Resident of Village - Kabilpura Belathari, P.S.-
Hasanpura, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Adv.
For the State : Mr. Jitendra Kumar Singh, A.P.P
For the Informant : Mr. N.K. Aggrawal, Senior Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner, learned
senior counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in Jamo Bazar P.S. Case
No. 369 of 2025 registered for the offences punishable under
sections 126(2), 115, 118(2), 103(1), 3(5), 61(2) BNS 2023 and
Sections 27 of the Arms Act.
3. The allegation is of killing of two persons. A
number of persons have been named in the FIR with specific
allegations.
4. Learned counsel for the petitioner submits that the
FIR is very graphic. The name of the petitioner transpired later
in the investigation as a person who used to indulge in black-
Patna High Court CR. MISC. No.35306 of 2026(2) dt.21-05-2026
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magic and suggested the accused side to kill people. Petitioner
has no antecedent and is in custody since 18.10.2025.
5. Learned senior counsel for the Informant as well as
learned Additional Public Prosecutor for the State has
vehemently opposed the prayer for bail of the petitioner.
Learned senior counsel for the informant submits that this is a
case of gruesome killing of husband and wife and the
petitioner’s role has been found during investigation.
6. That the petitioner is not named in the graphic FIR
detailing specific acts. The allegation against petitioner is vague
that he suggested killing as a practitioner of black magic.
Considering the above as well as absence of criminal antecedent
and period of custody, this court is inclined to grant bail to the
petitioners.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of the learned A.D.J.-X Siwan, in
connection with Jamo Bazar P.S. Case No. 369 of
2025.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
Patna High Court CR. MISC. No.35306 of 2026(2) dt.21-05-2026
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the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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