Manish Giri vs The State Of Bihar on 14 July, 2026

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    Patna High Court – Orders

    Manish Giri vs The State Of Bihar on 14 July, 2026

    Author: Satyavrat Verma

    Bench: Satyavrat Verma

                         `IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.45402 of 2026
                     Arising Out of PS. Case No.-50 Year-2016 Thana- COMPLAINT CASE - BAGAHA District-
                                                          West Champaran
                     ======================================================
                     Manish Giri S/o Late Chandan Giri Resident of Village- Paharpur, P.S.-
                     Paharpur, District - East Champaran
    
                                                                                   ... ... Petitioner/s
                                                          Versus
               1.    The State of Bihar
               2.    Raju Sah S/o Nanda Sah Resident of Village - Siktaur Garihya Bazar, P.S.-
                     Chautarwa, District - West Champaran
    
                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :      Mr.Brij Kishor Mishra, Advocate
                     For the Opposite Party/s :      Mr.Dilip Kumar No. 1, APP
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                           ORAL ORDER
    
    2   14-07-2026

    1. Heard learned counsel for the petitioner and learned

    APP for the State.

    SPONSORED

    2. The petitioner apprehends his arrest in connection

    with Complaint Case No. 50 of 2016 registered for the offences

    punishable under Section 420 of Indian Penal Code.

    3. Learned counsel for the petitioner submits that

    petitioner is a person with clean antecedent, it is further

    submitted that petitioner is apprehending arrest in complaint

    Case No. 50 of 2016, it is next submitted that in Complaint Case

    No. 50 of 2016 cognizance was taken, thereafter summons were

    issued, it is also submitted that till date the complaint case is at

    the stage of summon, it is next submitted that from perusal of
    Patna High Court CR. MISC. No.45402 of 2026(2) dt.14-07-2026
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    the allegation as alleged in the complaint, it would manifest the

    dispute is purely civil to which a criminal colour has been given

    as the complainant alleges that petitioner had taken loan and the

    amount has not been repaid.

    4. At this stage, the learned APP, Sri Chandra Bhushan

    Prasad, submits that from perusal of the pleadings made in the

    anticipatory bail application, it would manifest that cognizance

    in the case has been taken, hence the petitioner is apprehending

    arrest and thus has moved before this Court seeking anticipatory

    bail, it is next submitted that after cognizance is taken, summons

    are issued and if petitioner based on the summons appears

    before the learned trial court, the petitioner will not be arrested

    rather will join the proceedings before the learned trial court.

    5. Learned APP next submits that Hon’ble Jharkhand

    High Court in ABA No. 2319 of 2025 (Om Prakash Chhawnika

    @ Om Prakash Chabnika @ Om Prakash Chawnika vs. the

    State of Jharkhand) had rejected the the anticipatory bail of Om

    Prakash Chhawnika @ Om Prakash Chabnika @ Om Prakash

    Chawnika in connection with Complaint Case No. 6181 of 2021

    whereby cognizance was taken under Sections 323, 420, 467,

    468, 471, 120B and 34 of the IPC, it is next submitted that

    cognizance in Complaint Case No. 6181 of 2021 was taken
    Patna High Court CR. MISC. No.45402 of 2026(2) dt.14-07-2026
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    under non-bailable sections as such Om Prakash Chhawnika

    fearing arrest moved the Hon’ble Jharkhand High Court, but

    then his anticipatory bail came to be rejected, thereafter Om

    Prakash Chhawnika moved before the Hon’ble Supreme Court

    by filing SLA (Crl.) No.16221 of 2025 assailing the order of the

    Hon’ble Jharkhand High Court dated 4-7-2025 in ABA No.

    2319 of 2025 arising out of Complaint Case No. 6181 of 2021.

    It is further submitted that Hon’ble Supreme Court after

    discussing the case laws on the issue recorded at para-7 of the

    order dated 23-4-2026 in SLA (Crl.) No.16221 of 2025 –

    ” We have noticed that there is a serious problem in two

    States, viz. the State of Bihar and State of Jharkhand,

    respectively. We fail to understand that in a private complaint

    how does the Police involve itself or is concerned, in any

    manner. What was the basis for the accused to express

    apprehension that the police would arrest them.”,

    thereafter at para-8, it is recorded —

    “In a private complaint when cognizance is taken and

    process is issued all that the Court would do is to issue

    summons. We have explained many times in the past the purport

    of Section 87 of the Criminal Procedure Code, 1973 (for short,

    “the Cr.PC.”) The Section 87 of the Cr.PC. reads thus:-

    Patna High Court CR. MISC. No.45402 of 2026(2) dt.14-07-2026
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    “87. Issue of warrant in lieu of, or in addition to,
    summons.–A Court may, in any case in which it is
    empowered by this Code to issue a summons for the
    appearance of any person, issue, after recording its
    reasons in writing, a warrant for his arrest–

    (a) if, either before the issue of such summons, or
    after the issue of the same but before the time fixed for
    his appearance, the Court sees reason to believe that
    he has absconded or will not obey the summons; or

    (b) if at such time he fails to appear and the
    summons is proved to have been duly served in time to
    admit of his appearing in accordance therewith and no
    reasonable excuse is offered for such failure.”

    At para-9, it is recorded —

    Section 87 empowers the Court to issue warrant in lieu

    of, or in addition to, summons. However, this power has to be

    exercised only in two contingencies as explained by

    the provision itself, i.e, (a) and (b) referred to above

    respectively.”

    It is further submitted that at para-10 it is recorded–

    “Once the Court takes cognizance and issues summons,

    all that the accused has to do is to appear before that Court and

    join the proceedings. Why should the accused go before the

    Sessions Court or the High Court, as the case may be, and pray

    for anticipatory bail? Police has no power to arrest the accused

    in a complaint case unless there is a non bailable warrant

    issued by that Court along with the summons.”

    6. At this stage, the learned counsel appearing on behalf
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    of the petitioner submits that no doubt the law on the issue is

    clear as decided by the Hon’ble Supreme Court, but then in

    practice in the State of Bihar, the learned Magistrate in

    mechanical manner on appearance of the accused based on

    summons, relegate them to judicial custody, on which the

    learned APP submits that it is difficult to appreciate what has

    been submitted by learned counsel appearing on behalf of the

    petitioner as it cannot be presumed that the learned Magistrate

    will not appreciate the orders of this Court and the Hon’ble

    Supreme Court.

    7. At this stage, learned counsel for the petitioner

    fairly submits that since only summon has been issued in the

    case, as such, in view of the order of the Hon’ble Supreme

    Court dated 23-4-2026 in SLA (Crl.) No.16221/2025, the instant

    anticipatory bail application is not maintainable at this stage,

    hence seeks permission to withdraw the anticipatory bail

    application and submits that the petitioner will appear before the

    learned trial court and will join the proceedings. It is also

    submitted that the learned Magistrate also has to take note of the

    order of the Hon’ble Supreme Court, on which the learned APP

    submits that it is the duty of the petitioner to ensure that the

    order of the Hon’ble Supreme Court is also produced at the time
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    when the petitioner appears before the learned Trial Court.

    8. Since the petitioner has prayed for withdrawing

    the anticipatory bail application at this stage, as such permission

    is accorded and the anticipatory bail application is dismissed as

    withdrawn with the liberty to the petitioner to appear before the

    learned trial court with an order dated 23-4-2026 in Special

    Leave to Appeal (Crl) No. 16221 of 2025 passed by the Hon’ble

    Supreme Court.

    9. At this stage, learned counsel appearing on behalf

    of the petitioner submits that till date non-bailable warrant of

    arrest has not been issued against the petitioner.

    (Satyavrat Verma, J)
    Nitesh/-

    U          T
     



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