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Patna High Court

Kiran JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bond and conditions, as the only link to the offence was ownership of the mobile number and no direct incriminating evidence was found.

Summary

The petitioner, Kiran Jha, sought anticipatory bail after being implicated in a murder case solely because she owned the mobile number used for communications related to the crime. The FIR, filed under Sections 103(1), 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 24(1‑B)(a), 26, 27 and 35 of the Arms Act, named five accused, but the petitioner was not expressly named, only linked through the mobile number. The trial court rejected her anticipatory bail application, relying on electronic evidence of calls between the deceased, co‑accused, and the petitioner’s number. The petitioner argued that the co‑accused, Mithun Giri, had already been granted anticipatory bail by a coordinate bench of the same High Court. Considering the lack of direct incriminating material against her and the precedent of bail to the co‑accused, the Court granted anticipatory bail to the petitioner, subject to a bond of Rs.30,000 and conditions under Section 482(2) of the BNS, 2023.

Issues considered

  • Whether anticipatory bail can be granted to a person implicated only by ownership of a mobile number and not named in the FIR.
  • Whether the grant of anticipatory bail to a co‑accused influences the bail decision for the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • mobile number evidence
  • murder
  • arms act
  • Bhartiya Nyaya Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36457 of 2026
                    Arising Out of PS. Case No.-246 Year-2024 Thana- BENIPATTI District- Madhubani
                 ======================================================
                 Kiran Jha S/o Manoj Kumar Jha @ Manoj Jha Resident of Village -
                 Dhanauja(Lorika), P.S.- Benipatti, Dist. - Madhubani.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   04-06-2026                     The Court proceeding is being conducted through

                   virtual mode.

                                2. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                3. The petitioner is apprehending arrest in connection

                   with Benipatti P.S. Case No. 246 of 2024, dated 22.10.2024,

                   lodged under Sections 103(1), 61(2) & 3(5) of the Bhartiya

                   Nyaya Sanhita, 2023 (hereinafter referred to as “BNS, 2023”)

                   and Sections 24(1-B)(a), 26, 27 and 35 of the Arms Act.

                                4. As per the prosecution case, the FIR has been

                   lodged against five named accused persons, out of whom three

                   names have been specifically disclosed, while two names have

                   surfaced on the basis of the holder of a mobile number. It has

                   been alleged that all the accused persons, including the mobile
Patna High Court CR. MISC. No.36457 of 2026(2) dt.04-06-2026
                                            2/3




          number holder along with some unknown miscreants, in

          furtherance of a criminal conspiracy, committed the murder of

          the informant’s father.

                       5. Learned counsel for the petitioner submits that the

          petitioner has been implicated only on account of being the

          owner of the mobile number in question. It is further submitted

          that, as per the rejection order, the only material against the

          petitioner is alleged repeated communication through the

          petitioner’s mobile number with the deceased as well as co-

          accused persons around the relevant time, and on the basis of

          such electronic evidence, the learned Trial Court has rejected the

          anticipatory bail application of the petitioner. It is further

          submitted that one Mithun Giri, who allegedly used the

          petitioner’s mobile phone for communication with other

          persons, has been in contact with the petitioner’s son. It is also

          submitted that the co-accused, namely Mithun Giri, has already

          been granted anticipatory bail by a Coordinate Bench of this

          Court vide order dated 02.04.2026 passed in Cr. Misc. No.

          76373 of 2025, which has been annexed as Annexure-P/2.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that although the petitioner is

          not named in the FIR and is an aged lady of about 49 years, she
          Patna High Court CR. MISC. No.36457 of 2026(2) dt.04-06-2026
                                                      3/3




                    has been implicated on the basis of the fact that she is the holder

                    of the mobile number in question.

                                 7. Considering the facts and circumstances of the

                    present case, particularly the fact that the co-accused, namely

                    Mithun Giri, has already been granted anticipatory bail vide

                    order dated 02.04.2026 passed in Cr. Misc. No. 76373 of 2025,

                    let the above-named petitioner be released on anticipatory bail,

                    in the event of arrest or surrender before the Trial Court within a

                    period of 4 weeks from today, on furnishing bail bond of

                    Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section

                    2(1)(d) of the BNSS, 2023 to the satisfaction of A.C.J.M

                    Benipatti at Madhubani, in connection with Benipatti P.S. Case

                    No. 246 of 2024, subject to the conditions as laid down U/s

                    482(2) of the BNSS, 2023.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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