Gena Harijan @ Gena Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43172 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.
Gena Harijan @ Gena Das S/O Late Parmeshwar Das Resident of VillageKola Narayanpur, P.S-Jagdishpur, District-Bhagalpur 2.
Jagjivan Das alias Jagjivan Ram Gena Harijan alias Gena Das resident of Village-Kola Narayanpur, P.S-Jagdishpur, District-Bhagalpur 3.
Shivam Kumar alias Shiv Kumar Birbal Harijan alias Birbal Das resident of Village-Kola Narayanpur, P.S-Jagdishpur, District-Bhagalpur 4.
Neha Devi alias Neha Kumari Gena Harijan alias Gena Das R/o VillageGobindpur, P.S-Madhusudanpur, District-Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Manoj Kumar Jha, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-12-2025 Heard Mr. Manoj Kumar Jha, learned counsel appearing on behalf of the petitioners and Mr. Umeshanand Pandit, learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 103(1), 61(2) and 3(5) of the B.N.S..
3. As per prosecution case, all the F.I.R. named accused persons, including these petitioners killed the deceased,
Patna High Court CR. MISC. No.43172 of 2025(4) dt.09-12-2025 2/3 namely Tulsi Kumar. The dead body was found hanging and there was no ante mortem injury on the body of the deceased.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that informant is not an eye witness of the occurrence. Petitioners have falsely been implicated in this case merely because they happen to be family members of co-accused Rina Devi, with whom the deceased had love affair. Petitioners claim clean antecedents.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. and during investigation, ample material has come to show that these petitioners, who are family members of coaccused Rina Devi, due to love affair between Rina Devi and deceased Tulsi Kumar, killed the deceased. One ligature mark was found on the neck of the deceased.
6. Considering the facts and circumstances of the case, specific and direct nature of accusation, gravity of offence and materials that have surfaced during course of investigation,
Patna High Court CR. MISC. No.43172 of 2025(4) dt.09-12-2025 3/3 the prayer for grant of anticipatory bail to the petitioners is rejected.
(Prabhat Kumar Singh, J) shashank/- U T