Mohammad Faisal Khan vs. The State Of Jharkhand
Held
The Court was inclined to enlarge the petitioner on bail. The decision was primarily based on the period of custody the petitioner had already undergone, which was stated to be about four months. While the revenue highlighted the substantial amount of GST evasion (Rs. 22.00 crore), the Court's reasoning for granting bail focused on the duration of pre-trial detention. The Court did not delve into the merits of the GST evasion allegations or the specific provisions of the CGST Act or Bharatiya Nyaya Sanhita in detail, other than noting the maximum punishment for evasion. The operative direction was to release the petitioner on bail upon furnishing bail bonds and sureties.
Facts
The petitioner, Mohammad Faisal Khan, is an accused in Complaint Case No. 3207 of 2025, arising from DGGI/INT/MISC/172/2025/GREI. The case involves alleged offences under sections 132(1)(b), 132(1)(c), 132(1)(f), 132(1)(I), and 132(5) of the CGST Act, and sections 61, 316, and 322 of the Bharatiya Nyaya Sanhita. The petitioner is accused of evading GST amounting to Rs. 22.00 crore across different financial years. A prosecution report has been filed. The petitioner has been in custody for approximately four months.
Key Issues
1. Whether the petitioner is entitled to be enlarged on bail considering the period of custody and the alleged evasion of GST, under the provisions of the CGST Act and the Bharatiya Nyaya Sanhita. Petitioner's Argument: The petitioner argued that the prosecution report had been submitted and that the maximum punishment for GST evasion is five years. They also highlighted that the petitioner had already spent approximately four months in custody, suggesting this period was sufficient given the potential sentence. Revenue/State's Argument: The Directorate General of GST Intelligence (Opposite Party No. 2) opposed the bail application. Their primary contention was the significant amount of GST evasion, stated to be Rs. 22.00 crore, which they presented as a reason to deny bail.
Sections Cited
Section 132(1)(b), Section 132(1)(c), Section 132(1)(f), Section 132(1)(I), Section 132(5)
AI-generated summary — verify with the full judgment below
( 2025:JHHC:35212 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 9675 of 2025
Mohammad Faisal Khan, aged about 40 years, son of Abdul Rajak Khan, resident of at C/o Abdul Rajak Khan, Flat No. 104, Gurukripa Apartment, Katras Road, Matkuria, Near Indian Gas, P.O. Dhanbad, P.S. Dhanbad, District Dhanbad, Jharkhand
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--- Petitioner Versus
The State of Jharkhand
Union of India represented by Shri Roshan Kumar Mishra, father’s name not known to the petitioner, Senior Intelligence Officer, Directorate General of GST Intelligence, Jamshedpur Regional Unit, 3rd Floor, Shaurya Trade Centre, 159, Dhalbhum Road, Sakchi, P.O and P.S. Sakchi, Town Jamshedpur, District East Singhbhum, Jharkhand--- --- Opp. Parties --- CORAM: Hon’ble Mr. Justice Ambuj Nath
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For the Petitioner: Mr. Manish Sharma & Mr. Prabhat Kumar, Advocates
For the O.P-State: Mr. P.C. Sinha, A.C to G.A-III
For the O.P. No. 2: Mr. P.A.S. Pati, Advocate --- 03 / 26.11.2025 Heard the parties.
Petitioner has been made accused in connection with Complaint Case No. 3207 of 2025 arising out of CNR JHJR030102422025 (C No. DGGI/INT/MISC
The judgment continues below.
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