Patna High Court
Archana Devi Chauhan @ Archana ChauhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Archana Devi Chauhan was arrested in connection with a cyber‑P.S. case for allegedly withdrawing Rs 98,000 and routing it through an associate. She faced charges under Sections 303(2), 319(2), 318(4), 336(3), 338, 61(2) of the B.N.S., 2023 and Sections 66, 66(c), 66(D) of the Information Technology Act. The petitioner claimed she was innocent, had no direct allegation against her, no criminal antecedent, and had been in judicial custody since 14‑10‑2025. The State opposed bail, but the court noted a prior bail order in a similar case (Cr. Misc. No. 66476 of 2025) and the lack of direct incriminating evidence against her. Consequently, the court granted bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the B.N.S., 2023 and the IT Act
- Whether the petitioner is a primary accused or merely a conduit, affecting her eligibility for bail
- Whether the petitioner’s lack of prior criminal record and the existence of a similar bail order justify release on bail
Legislation cited
- B.N.S., 2023 — s. 303(2), 318(4), 319(2), 336(3), 338, 61(2)
- Information Technology Act — s. 66, 66(c), 66(D)
Subjects
- bail
- cyber crime
- money laundering
- Information Technology Act
- B.N.S. 2023
- judicial custody
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1495 of 2026
Arising Out of PS. Case No.-7 Year-2025 Thana- Cyber P.S. District- Arwal
======================================================
Archana Devi Chauhan @ Archana Chauhan Wife of Pradum Nonia Resident
of Village- Sanctoria, P.S.- Kulti, District- Barddhaman (West Bengal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivendra Prasad, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-02-2026 Heard Mr. Shivendra Prasad, learned counsel for the
petitioner and Mr. Md. Fahimuddin, learned APP for the State.
2. The petitioner has prayed for bail in connection with
Arwal Cyber P.S. Case No. 07 of 2025 registered for the offence
punishable under Sections 303(2) and 319(2) of the B.N.S., 2023,
Sections 66, 66(c) and 66(D) of the I.T. Act and subsequently
Sections 318(4), 336(3), 338 and 61(2) of the B.N.S., 2023 was
added.
3. The case of the prosecution in short is that from the
account of the informant altogether Rs. 98,000/- were withdrawn
by the petitioner. Petitioner has transferred the sum to the bank
account of one Anuj and Anuj has transferred the sum in the
account of this petitioner.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.1495 of 2026(2) dt.05-02-2026
2/2
offence. He has been falsely implicated in this case. Learned
counsel for the petitioner submits that vide order dated 01.12.2025
passed in Cr. Misc. No. 66476 of 2025, this Court has granted bail
to Suraj Kumar as he has undertaken to refund the amount which
was withdrawn by him. Petitioner is a lady and there is no direct
allegation against her. He further submits that a statement has
been made in para 3 of the petition that petitioner has no criminal
antecedent and she is languishing in judicial custody since
14.10.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Arwal in connection with Arwal Cyber P.S.
Case No. 07 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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