Patna High Court
ASHWANI CHAUDHARY @ ASWANI CHOUDHARYversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court allowed the application for anticipatory bail, subject to the petitioner abiding by the mediation settlement and posting the prescribed bail bond.
Summary
The petitioner, Ashwani Chaudhary, was accused of cheating an informant of approximately Rs. 23 lakh by promising loan facilitation and receiving payments through online modes. The offences alleged against him were under multiple sections of the Bhartiya Nyaya Sanhita and the Information Technology Act. The High Court had earlier referred the matter to mediation, where the parties reached a settlement recorded on 01.04.2026. Relying on the successful mediation and the terms of the settlement, the Court granted anticipatory bail to the petitioner, subject to compliance with the settlement and a bail bond of Rs. 10,000 with two sureties. The order also directed that the bail be released if the petitioner is arrested or surrenders within four weeks, subject to Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a cyber fraud case involving alleged violations of the Bhartiya Nyaya Sanhita and IT Act.
- Whether the settlement reached through mediation can be a basis for granting anticipatory bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 303(2), 316(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
- Information Technology Act — s. 66, 66c, 66d, 68
Subjects
- anticipatory bail
- cyber fraud
- mediation settlement
- loan scam
- IT Act
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2838 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- Cyber P.S. District- Nalanda
======================================================
ASHWANI CHAUDHARY @ ASWANI CHOUDHARY S/o- Rrajesh
Chaudhary R/v- H.No A-371, Gali No-7, Vidyapati Nagar Ps- Prem Nagar
Dist-North West Delhi
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Rajiv Ranjan Kumar S/o- Late Janardan Prasad Singh R/v- Koeri Bigha Ps-
Parwal Pur Dist- Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kedar Jha
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 22-04-2026 1. Heard learned counsel for the petitioner, learned
Counsel for the Opposite Party No. 2 and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises
out of Nalanda Cyber No. 35 of 2025 for the offences
punishable under Sections
303(2)/316(2)/318(4)/319(2)/336(3)/338/340(2)/61(2)/
3(5) of the Bhartiya Nyaya Sanhita. And Sections
66/66c/66d/68 of the Information Technology Act.
3. The prosecution case, in brief, is that on 07.08.2024
the petitioner contacted the informant on pretext of
arranging loan and obtained documents. It has further
Patna High Court CR. MISC. No.2838 of 2026(3) dt.22-04-2026
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been alleged that the petitioner induced the informant
to make payments on assurance of sanctioning and
enhancing loan limit. The informant made payment of
Rs. 900/-, Rs. 80,000/- and Rs. 9.95 lakhs on different
occasions to the petitioner through online payment
mode and in total the informant has been cheated of
approx. Rs. 23 lakhs by the petitioner and his
associates.
4. Earlier, the matter was referred to mediation centre by
this Court vide its order, dated 19.02.2026.
5. Learned counsel for the petitioner submits that the
mediation has been successful and both the parties
have resolved their disputes through process of
mediation in accordance with the terms of settlement,
mutually arrived at by the parties, having been
recorded in the mediation report, dated 01.04.2026,
passed in Mediation Proceeding No. 274 of 2026.
6. Considering the submissions advanced by the parties
and taking into consideration the terms of settlement
arrived at between them in mediation and in the
interest of both the parties, I am inclined to grant the
petitioner privilege of anticipatory bail, subject to
Patna High Court CR. MISC. No.2838 of 2026(3) dt.22-04-2026
3/3
condition that the petitioner shall abide by the terms
and condition of the settlement, arrived at and signed
by both the parties in mediation.
7. With the aforesaid observations and direction, this
application is allowed.
8. Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within a
period of four weeks from today, be released on bail
on furnishing bail bond of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate,
Nalanda at Biharsharif, in connection with Nalanda
Cyber Police Station Case No. 35 of 2025, subject to
the condition laid down in Section 482 (2) of the
Bhartiya Nagrik Suraksha Sanhita, 2023 and further
subject to the condition that both the parties shall
abide by the terms and condition of the agreement of
meditation report, dated 01.04.2026.
(Anil Kumar Sinha, J)
ashwani/-
U T
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