Mohammad Akmal vs. The State Of Bihar
Held
The Court, having heard the learned counsel for the parties and considering the facts and circumstances of the case, was inclined to enlarge the petitioners on bail. The reasoning appears to be based on the petitioners' submission that they were merely drivers who were handed the GST bills by transporters and lacked the knowledge to identify them as fraudulent. The court also took into account their claim of having no criminal antecedent and the period they had already spent in judicial custody. The court directed the release of the petitioners on bail upon furnishing bail bonds and sureties to the satisfaction of the learned Additional Sessions Judge-III, Kishanganj.
Facts
The petitioners, identified as truck drivers, are seeking regular bail in a case registered under various sections of the Bharatiya Nyaya Sanhita (BNS). The prosecution's case is that the petitioners were intercepted while transporting coal, and the GST bills accompanying the goods were found to be fraudulent. The petitioners claim innocence, stating they are illiterate drivers who were handed GST bills by transporters and are not well-versed with the documents. They also assert they have no criminal antecedents and have been in judicial custody since April 29, 2026. The State opposed the bail application.
Key Issues
1. Whether the petitioners, as truck drivers, can be held liable for fraudulent GST bills provided to them by transporters, considering their alleged illiteracy and lack of knowledge regarding the documents? (Question of mixed law and fact, turning on principles of vicarious liability and mens rea in criminal offenses). Contentions: Petitioner/s: Argued that the petitioners are innocent and the fault lies with the transporters who provided the fraudulent GST bills. They emphasized their illiteracy and lack of familiarity with the documents. They also highlighted their clean criminal record and the period of custody they have already undergone. Revenue/State: Vehemently opposed the prayer for regular bail.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47877 of 2026 Arising Out of PS. Case No.-140 Year-2026 Thana- THAKURGANJ District- Kishanganj ======================================================
Mohammad Akmal Son of Mohammad Ali Resident of village- and Po and Ps- Kakrauli, Dist- Muzaffarnagar, Uttar Pradesh
Akash Kumar Pathak Son of Ashok Pathak Resident of village- Sirka near Shiv mandir, Ps- Mandu, Dist- Ramgarh, Jharkhand
Gulshanwar son of Husain Ahmad Resident of village- and Po and Ps- Kakrauli, Dist- Muzaffarnagar, Uttar Pradesh
Vasseem @ Wasim S/o- Turvab Resident of village- and Po and Ps- Kakrauli, Dist- Muzaffarnagar, Uttar Pradesh
Maroof @ Maruf Son of Khaleel @ Khalil Resident of 152 Baneri, Baneri, Ps- kakroli, Dist- Muzaffarnagar, Uttar Pradesh
Mohammad Rizwan Son of Mohd. Noor Hasan @ Nur Hasan Resident of village- House No. 384 Devidas, Po and Ps- Kakrauli, Dist- Muzaffarnagar, Uttar Pradesh ... ... Petitioner/s Versus
The State of Bihar
The Union of India through the GST Commissioner New Delhi ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. S
The judgment continues below.
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