Patna High Court
CR. MISC./53760/2026 of Mohit Kanodia Vs The State of Bihar on 18 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53760 of 2026 Arising Out of PS. Case No.-902 Year-2024 Thana- COMPLAINT CASE - PATNA CITY District- Patna ====================================================== Mohit Kanodia S/o Dilip Kumar Kanodia R/o - 401, Pratibha Ashraya, Manik Sarkar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53760 of 2026
Arising Out of PS. Case No.-902 Year-2024 Thana- COMPLAINT CASE - PATNA CITY
District- Patna
======================================================
Mohit Kanodia S/o Dilip Kumar Kanodia R/o - 401, Pratibha Ashraya, Manik Sarkar Ghat Road, Near Deepprabha Cinema Hall, P.S. - Adampur Jagdishpur, P.O- Bhagalpur, District - Bhagalpur, Pin - 812001
... ... Petitioner/s
Versus
1.
The State of Bihar
2.
Siddhi Vinayak Traders through its Proprietor namely, Shashi Bhushan Gupta Having its office at - Ssumitra Sadan, Mahadev Asthan, Tent City More, Near - Bypass Thana, P.S - Bypass, District - Patna, Bihar - 800009
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Mr. Prashant Kumar
For the Opposite Party/s :
Mr. Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
18-08-2026
1. Heard learned counsel for the petitioner and learned APP Sri Chandra Bhushan Prasad for the State.
2. The petitioner seeks bail in anticipation of his arrest in Complaint Case No.902 of 2024 registered for the offences punishable under Sections 316(2) of the B.N.S. and Section 138 of the N. I. Act.
3. The learned A.P.P., at the outset, submits that from perusal of the anticipatory bail application, it manifests that petitioner is seeking anticipatory bail in Complaint Case No.902 of 2024, in which cognizance has been taken under Section 316(2) of the BNS read with Section 138 of the N. I. Act. It is Patna High Court CR. MISC. No.53760 of 2026(2) dt.18-08-2026
next submitted that after cognizance is taken, summons are issued and if petitioner based on summons appears before the learned Trial Court, the petitioner will not be arrested rather will join the proceedings before the learned Trial Court and for the said submission relies on an order of the Hon’ble Supreme Court in S.L.A. (Criminal) No.16221 of 2025 (Om Prakash Chhawnika @ Om Prakash Chabnika @ Om Prakash Chawnika vs. the State of Jharkhand and another) disposed off by an order dated 23.04.2026 and relies on Paragraphs-8, 9 and 10 of the said order.
4. The learned counsel appearing on behalf of the petitioner submits that from perusal of the allegations as alleged in the complaint, it would manifest that the dispute is civil in nature to which a criminal colour has been given. It is also submitted that offences under Section 138 of the N. I. Act is bailable and in the nature of allegation Section 316(2) of B.N.S. is not made out, but then, is not in a position to rebut the submission of the learned A.P.P. that since summons have been issued, the petitioner ought to have appeared before the learned Trial Court and join the proceeding. It is also submitted that till date, non-bailable of arrest has not been issued.
5. After hearing the learned counsel for the parties, Patna High Court CR. MISC. No.53760 of 2026(2) dt.18-08-2026
the anticipatory bail application is disposed off with a liberty to the petitioner to appear before the learned Trial Court on or before 28.8.2026 with a copy of the order dated 23.04.2026 in S.L.A. (Criminal) No.16221 of 2025 (Om Prakash Chhawnika @ Om Prakash Chabnika @ Om Prakash Chawnika vs. the State of Jharkhand and another) and the learned Trial Court is directed to proceed strictly in accordance with the order of the Hon’ble Supreme Court.
vikash/- (Satyavrat Verma, J) U T