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Patna High Court

Sumant Kumar PandeyversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

Anticipatory bail is not maintainable where only summons have been issued and no non‑bailable warrant has been issued; the application is dismissed as withdrawn.

Summary

The petitioner, Sumant Kumar Pandey, sought anticipatory bail in a case registered under Section 498A IPC, alleging that the complaint was false and that only summons had been issued after cognizance. The State argued that cognizance had been taken, but that the petitioner could avoid arrest by appearing before the trial court on the summons. The learned counsel for the State relied on a recent Supreme Court judgment (SLA (Crl.) No.16221/2025) which held that after issuance of summons, a non‑bailable warrant can be issued only if the accused absconds or fails to appear, and therefore anticipatory bail is not maintainable. The petitioner agreed to withdraw the anticipatory bail application, contending that he would appear before the trial court and produce the Supreme Court order. The Court granted permission to withdraw, dismissed the anticipatory bail application as withdrawn, and directed the petitioner to appear before the trial court with the Supreme Court order.

Issues considered

  • Can anticipatory bail be granted when only summons, and not a non‑bailable warrant, have been issued after cognizance in a private complaint under Section 498A IPC?
  • Does the petitioner face a risk of arrest before appearing before the trial court after summons are issued?
  • Is the Supreme Court’s decision in SLA (Crl.) No.16221/2025 binding on the High Court regarding the issuance of warrants in lieu of summons?

Legislation cited

Subjects

  • anticipatory bail
  • Section 498A
  • summons
  • cognizance
  • non‑bailable warrant
  • CrPC Section 87
  • private complaint
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15653 of 2026
                    Arising Out of PS. Case No.-1918 Year-2023 Thana- BHOJPUR COMPLAINT CASE
                                                     District- Bhojpur
                 ======================================================
                 Sumant Kumar Pandey Son of Mr. Bachan Pandey R/o Village - Pokhrahan,
                 P.S.- Begangola, District - Buxar
                                                                      ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Saloni Kumari Wife of Mr. Sumant Kumar Pandey D/o Sanjit Singh @
                  Ramtapasya Singh, R/o village - Pokhraha, P.S.- Began Bela, District -
                  Buxar, At present R/o village - Khandaul, P.S.- Sandesh, District - Bhojpur
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Purushottam Kumar, Advocate
                 For the Opposite Party/s :     Mr. Chandra Bhushan Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   13-07-2026                  Heard learned counsel for the petitioner, Mr. Chandra

                   Bhushan Prasad, learned A.P.P. for the State and learned counsel

                   appearing on behalf of the complainant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 498A of the

                   Indian Penal Code.

                                3. Learned counsel appearing on behalf of the

                   petitioner submits that the case was referred for mediation but

                   then mediation failed. It is further submitted that the dispute is

                   matrimonial and petitioner, being the husband, has been falsely

                   implicated in the instant case by the complainant. It is next

                   submitted that complainant instituted Complaint Case No. 1918

                   of 2023 and the learned Magistrate based on evidence took
Patna High Court CR. MISC. No.15653 of 2026(3) dt.13-07-2026
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          cognizance under Section 498A of the Indian Penal Code and

          summons were issued. It is also submitted that till date the case

          is at the stage of summons.

                       4. At this stage, Mr. Chandra Bhushan Prasad, learned

          A.P.P. for the State 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 his arrest and, thus, has moved before this Court

          seeking anticipatory bail. It is further 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 A.B.A. No. 2319 of 2025 (Om Prakash

          Chhawnika @ Om Prakash Chabnika @ Om Prakash Chawnika

          Vs. The State of Jharkhand & Anr.) had rejected 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 also submitted

          that cognizance in Complaint Case No. 6181 of 2021 was taken
Patna High Court CR. MISC. No.15653 of 2026(3) dt.13-07-2026
                                            3/6




          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 04.07.2025 in A.B.A. No.

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

          It is further submitted that the Hon’ble Supreme Court after

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

          order dated 23.04.2026 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.P.C. reads thus:-
                       “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—
Patna High Court CR. MISC. No.15653 of 2026(3) dt.13-07-2026
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                        (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 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 a

          mechanical manner on appearance of the accused based on

          summons, relegate them to judicial custody, on which learned
Patna High Court CR. MISC. No.15653 of 2026(3) dt.13-07-2026
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          APP submits that it is difficult to appreciate what has been

          submitted by learned counsel appearing for the petitioner as it

          cannot be presumed that the learned Magistrate will not

          appreciate the orders of the Hon’ble Supreme Court and this

          Court.

                       7. Learned counsel appearing on behalf of the

          complainant also is not in a position to rebut the submission

          made by learned A.P.P. for the State.

                       8. At this stage, learned counsel appearing on behalf

          of the petitioner fairly submits that since only summons have

          been issued in the case, as such, in view of the order of the

          Hon’ble Supreme Court dated 23.04.2026 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 A.P.P. 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 when the petitioner appears before

          the learned trial court.
           Patna High Court CR. MISC. No.15653 of 2026(3) dt.13-07-2026
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                                  9. 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 liberty to the petitioner to appear before the

                     learned trial court with an order dated 23.04.2026 in Special

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

                     Supreme Court.

                                  10. 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)

Kundan/-

U     T


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