Hare Krishna Singh vs. The State Of Bihar
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The petitioners, four truck drivers, are seeking regular bail in connection with Galgalia P.S. Case No. 42 of 2026. They were intercepted by the police while transporting coal. Upon inspection, the GST bills accompanying the goods were found to be fraudulent. The petitioners claim they are innocent, illiterate drivers who were handed the GST bills by transporters and are not well-versed with such documents. They also state they have no criminal antecedents and have been in judicial custody since April 26, 2026. The State opposed the bail application.
Held
The Court, having heard both sides, was inclined to grant bail to the petitioners. The reasoning appears to be based on the petitioners' submission that they were merely drivers who received the GST bills from transporters and lacked the knowledge to identify them as fraudulent. The Court considered the petitioners' claim of innocence, their illiteracy, and their assertion that the fault lay with the transporters. The fact that the petitioners have been in judicial custody since April 26, 2026, and have no criminal antecedents also weighed in their favor. The Court did not explicitly discuss any specific GST provisions or precedents, but the decision seems to hinge on the petitioners' role as mere carriers and their lack of intent or knowledge regarding the fraudulent nature of the documents. The operative direction was to release the petitioners on bail.
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 such documents? (Question of mixed law and fact, turning on principles of vicarious liability and mens rea). Petitioner's Arguments: The petitioners argued that they are innocent and committed no offense. They contended that the FIR itself indicates they disclosed receiving the GST bills from transporters, implying the fault lies with the transporters, not the drivers. They further submitted that as illiterate drivers, they were not conversant with the documents handed to them. They also highlighted their lack of criminal antecedents and their period of custody since April 26, 2026. Revenue/State's Arguments: The learned Additional Public Prosecutor (APP) for the State vehemently opposed the prayer for regular bail.
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Cause title — parties, addresses and appearances
ORAL ORDER 2 14-07-2026 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 338, 336(3), 340(2), 318(4), 111(3), 111(4), 3(5) of the BNS.
The case of the prosecution is that all the four petitioners are truck drivers. Each of them was carrying a truck loaded with coal. They were intercepted and documents were asked for by the police and it was found that the GST Bills which were with them was fraudulent.
Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Learned
Patna High Court CR. MISC. No.46699 of 2026(2) dt.14-07-2026 2/2 counsel for the petitioners has submitted that from perusal of the FIR itself, it will transpire that the petitioners have disclosed that transporters have given them GST Bills. It has further submitted that this is the fault of the transporters not of the petitioners. They are illiterate drivers. They were not well-versed with the documents which they were handed over. Moreover, a statement has been made in para-3 of the petition that the petitioners are having no criminal antecedent and they are languishing in judicial custody since 26.04.2026. 5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Galgalia P.S. Case No. 42 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class (JMFC), Kishanganj.
Sneha/- Shubham/- (Ashok Kumar Pandey, J) U T
Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.