Arbaz Khan vs. The State Of Bihar
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The petitioner, Arbaz Khan, seeks anticipatory bail in connection with PS Case No. 703 of 2023, registered for offenses under Sections 379 and 411 of the Indian Penal Code and Section 136 of the Indian Electricity Act. The prosecution case alleges that a truck carrying electrical wires and goods worth Rs. 13,65,499/- was intercepted based on a secret tip, and two individuals were apprehended for failing to produce valid documents. The petitioner claims ownership of the seized goods, asserting they were scrap materials transported with a valid invoice and that GST was paid. He contends the seized articles were not stolen and the co-accused were apprehended on suspicion.
Held
The Court considered the facts and circumstances presented. The petitioner's submission that he is a taxpayer and that GST on the seized goods was validly paid, supported by an annexed bill, appears to have been a significant factor. The Court found merit in the petitioner's plea for anticipatory bail. The reasoning suggests that the petitioner's claim of legitimate transaction, evidenced by payment of GST and an invoice, mitigated the suspicion of theft or illegal possession of stolen goods. The Court did not delve into the merits of the criminal charges themselves but focused on the immediate need for protection against arrest pending further investigation or trial. The primary issue before the court was the grant of anticipatory bail.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail in connection with PS Case No. 703 of 2023, registered for offenses under Sections 379 and 411 of the Indian Penal Code and Section 136 of the Indian Electricity Act. The petitioner argued that he is the owner of the seized electrical goods, which were scrap materials transported with a valid invoice and that GST was duly paid. He contended that the seized articles were not stolen and the apprehension of co-accused was based on suspicion. The State, through the learned A.P.P., vehemently opposed the prayer for anticipatory bail.
Sections Cited
Section 136
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Cause title — parties, addresses and appearances
ORAL ORDER 2 05-07-2024 Heard learned counsels for the parties.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 379 and 411 of the Indian Penal Code and Section 136 of the Indian Electricity Act.
As per prosecution case, on a secret tip, a raid was conducted and one truck bearing Registration No. WB23E-9784 was intercepted by the informant which was carrying electrical wires and other electrical goods worth Rs.13,65,499/- and two persons were also apprehended, who failed to produce valid documents of the goods.
2/3
It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is owner of alleged electrical wires and goods and as a matter of fact, the goods were scrap materials and were sent through one Santosh Kumar in the seized truck with valid invoice but the police concerned intercepted the same and seized it along with the articles and co- accused persons were apprehended only on suspicion. The seized articles were not stolen. The petitioner is a tax payer and GST of the seized goods were validly paid and bill of the articles is annexed at Annexure-2 to this petition.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.
Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 A.C.J.M.-IInd, Saharsa, in connection with Sour Bazar (Patarghat O.P.) P.S. Case No. 703 of 2023, 3/3 subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
shashank/- (Prabhat Kumar Singh, 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.