Facts of the Case:
The petitioner sought regular bail in connection with a criminal case registered under various provisions of the Bharatiya Nyaya Sanhita, 2023. The case arose from the interception and verification of a coal-laden truck by State Tax authorities. During scrutiny of the GST invoice, e-way bill and accompanying documents, discrepancies were noticed, including an incorrect year mentioned in the tax invoice. Further investigation revealed that the GST registration number mentioned in the invoice was registered in Meghalaya, while the place of business was shown in Assam, raising doubts regarding the authenticity of the documents.
The prosecution alleged that the co-driver fled from the spot with the driver’s mobile phone upon noticing the authorities. During investigation, the driver disclosed details regarding the vehicle owner, the owner’s son and the transporter, and stated that the coal had been loaded in Assam for transportation to Araria.
Issue:
Whether a driver, who was merely transporting goods and claimed to have received GST invoices and e-way bills from the transporter without knowledge of their alleged falsity, should be granted regular bail in a case involving suspected fake GST documents.
Held That:
The Court granted regular bail to the petitioner. It noted that the petitioner was only the driver of the vehicle and not its owner. The Court also took into consideration the contention that the GST invoices and e-way bills had been provided by the transporter and that the petitioner, being an illiterate driver, was not expected to verify the genuineness or validity of such documents.
The Court further observed that the petitioner had no criminal antecedents and had remained in judicial custody since 05.05.2026. Considering these circumstances, the Court found it appropriate to enlarge the petitioner on bail upon furnishing bail bonds of ₹10,000 with two sureties of the like amount.
Case Name: MAHBOOB KHAN v. THE STATE OF BIHAR PATNA dated 29.07.2026
Citation No. 2026 Taxo.online 2205
