Amit Kumar vs. State Of Haryana
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Cause title — parties, addresses and appearances
judgment is pronounced or full judgment is pronounced Full
The delay, if any, of the pronouncement of full judgment and reasons thereof Not applicable Coram: Hon’ble Ms. Justice Shalini Singh Nagpal Present: Mr. Vasu Ranjan, Advocate for the petitioner.
Ms. Kanica Sachdeva, DAG Haryana. *** SHALINI SINGH NAGPAL J.
Petitioner seeks anticipatory bail in case arising out of FIR No. 87 dated 13.04.2026 under Sections 318(4), 338, 336(3), 340(2), 3(5) and 61(2) Bharatiya Nyaya Sanhita, 2023 and Section 61 of the Excise Act, Police Station Mundkati, District Palwal. This is the first petition for anticipatory bail. AJAY GOSWAMI 2026.08.21 18:49 I attest to the accuracy and integrity of this document
2 CRM-M-33464-2026 (O&M)
It is alleged that on 13.04.2026, police party intercepted and checked truck bearing registration No. UP-12AT-9687 in the area of Police Station Mundkati District Palwal. The truck driver disclosed his name as Rajeev Sahni and conductor disclosed his name as Shekhar Kumar. Upon checking, 610 boxes of liquor were found concealed in the truck under white ace bricks. The bill and bilty recovered from the driver were found to be forged. The driver disclosed that he was taking the liquor from Sonipat to Bihar. Samples were drawn. The liquor belonged to 02 L1 licence holders Pankaj Kumar and G-Town Firm Gurugram(East). It was revealed that the original number plate of the truck had also been changed.
Learned counsel for the petitioner submits that petitioner was not named in the FIR. He was subsequently implicated on the basis of statements of Sandeep and Sonu Kumar recorded by the police. The entire contraband already stood recovered and seized by the Investigating Agency. Nothing remained to be recovered. There was no scientific evidence to prove petitioner’s complicity nor any financial trail and petitioner, who had no criminal antecedents and deep roots in the society, deserved to be enlarged on anticipatory bail.
Learned State counsel has vehemently opposed the prayer for anticipatory bail arguing that liquor was being smuggled from the State of Haryana to Bihar, where it was prohibited. Petitioner was the mastermind and kingpin of the whole operation. Through the co-accused, petitioner was illegally transporting 610 cartons of english liquor. He purchased vehicle in the name of Sonu Kumar and used him as a dummy owner. Fake registration number plate was affixed on the truck, whereas actual number of the truck was BR-01GQ-9582. Petitioner was also involved in forgery and fraudulent AJAY GOSWAMI 2026.08.21 18:49 I attest to the accuracy and integrity of this document
3 CRM-M-33464-2026 (O&M) use of false registration number. He prepared forged invoices and bilty for transportation of liquor. False GST numbers were mentioned on the invoices. The offence was committed by an organized crime syndicate operating in Bihar. Custodial interrogation of the petitioner was required to unearth the names and identity of other members of the syndicate. Petitioner was involved in 04 more cases, which he had not disclosed in the petition. Call detail records revealed that petitioner was present at the time of loading of liquor boxes from the warehouse of co-accused. The prayer for anticipatory bail, thus, deserved to be dismissed.
Disclosure of criminal antecedents of a bail petitioner are mandatory, as per law. In para No. 7 of the petition, it is stated that petitioner had clean antecedents and there was no other FIR pending against him anywhere in the country. The status report, however, discloses that there are 04 other FIRs detailed as under:
FIR No. 11 dated 13.01.2022 under Sections 414, 34 Indian Penal Code and Sections 30(a), 32(ii), 41(1) Bihar Excise Act, 25(1-b)A, 26, 34 Arms Act, P.S. Mithanpur, Bihar.
FIR No. 08 dated 07.05.2022, under Sections 272, 273 of Indian Penal Code, Sections 30(a), 328(ii), 41(1), 47 Bihar Excise Act, P.S. Nagar, Bihar.
FIR No. 604 dated 03.06.2022 under Section 30(a) Bihar Excise Act, P.S. Sadar, Mujaffarpur, Bihar.
FIR No. 407 dated 14.06.2022 under Section 30(1) Bihar Excise Act, P.S. Bela Audhogik, Bihar.
Petitioner is not entitled to the discretionary relief of anticipatory bail on this sole ground. Even otherwise, no case for grant of anticipatory bail is made out given the nature and substance of allegations AJAY GOSWAMI 2026.08.21 18:49 I attest to the accuracy and integrity of this document
4 CRM-M-33464-2026 (O&M) against the petitioner and material, which has surfaced during the course of investigation. Petitioner is alleged to be the mastermind behind whole operation of smuggling. The bills and the bilties recovered from the driver at the spot, have been found forged. The registration number used on the vehicle has also been found false and fictitious.
The benefit of anticipatory bail cannot be granted as a matter of course or routine. While considering the prayer for grant of anticipatory bail, the Court is required to balance the right of the prosecution for free, fair and unhindered investigation as also personal liberty of the accused and interest of the society. Role attributed to the accused is required to be considered with great care and caution. Anticipatory bail being an extra-ordinary remedy is to be granted only in exceptional circumstances, where the Court is prima facie of the view that the accused has been falsely involved in the crime.
Custodial interrogation of the petitioner is necessary to unearth all relevant facts and events leading to the commission of offence, the manner of the forgery and other persons involved. Grant of anticipatory bail would adversely effect the statutory investigational powers of the police, which is not desirable. As such, no ground is made out to enlarge the petitioner on anticipatory bail. The petition is, therefore, dismissed.
Pending CRM(s), if any, also stand disposed of. (SHALINI SINGH NAGPAL) JUDGE 21.08.2026 Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2026.08.21 18:49 I attest to the accuracy and integrity of this document
Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.