Shubham Mishra Alias Subham Mishra vs. The State Of Jharkhand
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The petitioner, Shubham Mishra, proprietor of M/s Lucky Coal Traders, is seeking anticipatory bail. He is engaged in the business of coal and allied activities. The petitioner has provided a dealer registration certificate and a GST registration certificate. He has also submitted tax invoices and e-way bills as evidence of purchasing coal from M/s. Om Traders. The petitioner claims to be innocent and without any criminal antecedents. The State, however, opposed the bail application, initially stating that no such documents were submitted, leading to suspicion about the genuineness of the petitioner as a purchaser. The case pertains to Govindpur P.S. Case No. 392 of 2022.
Held
The Court granted anticipatory bail to the petitioner. The reasoning appears to be based on the petitioner's submission of documentary evidence, including GST registration, tax invoices, and e-way bills, which support their claim of being a genuine purchaser of coal. The Court also noted the petitioner's assertion of innocence and lack of criminal antecedents. The Court found these submissions sufficient to extend the privilege of anticipatory bail. The operative direction is that the petitioner shall surrender before the learned Court below within three weeks and upon surrender or arrest, shall be released on bail on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. No specific GST provisions were discussed in detail, and the decision primarily hinges on the criminal procedure aspect of anticipatory bail.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Code of Criminal Procedure, considering the allegations and the documents submitted. The petitioner argued that they are a genuine purchaser of coal, as evidenced by the dealer registration, GST registration, tax invoices, and e-way bills. They also asserted their innocence and lack of criminal antecedents. The State argued against the prayer for anticipatory bail, contending that initially, no documents were submitted, raising suspicion about the petitioner's status as a genuine purchaser. The State did not explicitly rely on any specific GST provisions or precedents in their opposition.
Sections Cited
Section 438(2)
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Juri iction) ABA No.11278 of 2022
Shubham Mishra @ Subham Mishra … … Petitioner Versus The State of Jharkhand … … Opposite Party ------ CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA
------- For the Petitioner : Mrs. J.Mazumdar, Advocate For the State : Mrs. Nehala Sharmin, APP
-------- Order No.02/Dated: 20
th January, 2023 When the matter is called out, both the learned counsels have appeared. Learned counsel for the petitioner submits that petitioner is the proprietor of M/s Lucky Coal Traders engaged in the business of coal and allied activities. She further refers to Annexure 2 and submits that petitioner has got certificate of dealer registration and Annexure 3 which is GST registration certificate and also refers to Annexure-4 series which are the tax invoice and E-way bills for purchase of coal from M/s. Om Traders. She further submits that the petitioner has duly purchased the coal from Om Traders. Petitioner is quite innocent having no criminal antecedent. Learned counsel for the State opposed the pryaer for anticipatory bail and submitted that initially no such documents were submitted and therefore, there is suspicion that petitioner is the genuine purchaser. Regard being had to the aforesaid facts, I am inclined to extend the privilege of anticipatory bail to the petitioner, named above. Accordingly, the petitioner is directed to surrender before the learned Court below within a period of three weeks and on his surrender or arrest, he shall be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Dhanbad, in connection with Govindpur P.S. Case No. 392 of 2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. This application stands allowed. (Ratnaker Bhengra, J.) KNR
Reproduced from the public record of the Jharkhand High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.