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Patna High Court

ASHWANI CHAUDHARY @ ASWANI CHOUDHARYversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                       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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