Facts of the Case

This is a bail order under State excise/prohibition law, not GST law. The petitioner, Sunil Bhardwaj, sought bail in a case registered for offences under Sections 272, 273, 34 IPC and Sections 41, 47 and 30(a) of the Bihar Prohibition and Excise Act, arising from recovery of 14,967.25 litres of Indian Made Foreign Liquor (IMFL) of different brands from a truck. The driver and khalasi of the truck were apprehended on the spot and disclosed the names of other accused, including the petitioner. The petitioner was already in judicial custody since 30.01.2023 in connection with other cases.

Issues Involved

  1. Whether the petitioner, named only on the disclosure of co-accused and not arrested at the spot of recovery, was entitled to bail.

Petitioner's Arguments

  • The petitioner was innocent and had no connection with the recovered vehicle or liquor; his name emerged only from a co-accused's disclosure statement, which has no evidentiary value in law.
  • Pristine Distilleries, of which the petitioner was the signatory authority, is a registered company holding a GST number and paying regular excise duty, and is duly licensed by the government to manufacture liquor and spirit; the petitioner had no operational role in its day-to-day distribution of work.
  • A similarly situated co-accused had already been granted bail by a coordinate Bench in a connected matter.

Respondent's Arguments

  • The learned APP for the State opposed the bail prayer, without further elaboration recorded in the order.

Court Order / Findings

  • Considering the facts and circumstances, including that a co-accused in a similar position had already been granted bail, the Court was inclined to enlarge the petitioner on bail.
  • Bail was granted on furnishing a bond of Rs. 10,000/- with two sureties of like amount, to the satisfaction of the Exclusive Special Excise Judge, Court No. 1, Purnea.

Important Clarification

The GST registration of the company was cited only to establish it as a lawfully licensed distillery, as part of the defence narrative — the order makes no finding on any GST compliance question. This is purely a bail order under the Bihar Prohibition and Excise Act and the IPC, and should not be read as touching any GST issue at all.

Sections Involved

  • Bihar Prohibition and Excise Act — Sections 41, 47, 30(a).
  • Indian Penal Code, 1860 — Sections 272, 273, 34.
  • Reference to the company's GST registration was incidental, appearing only in the factual submissions.

Decision – In Favour of

Decided in favour of the petitioner to the limited extent of granting regular bail; the underlying prosecution and any excise/liquor licensing questions remain for trial.

Case Details

Court: High Court of Judicature at Patna
Case No.: Criminal Miscellaneous No. 17380 of 2023
Coram: Hon'ble Mr. Justice Sunil Kumar Panwar
Date of Order: 02.08.2023

Link to Download the Order

Click here to view/download the full order

Disclaimer

This content is shared strictly for general information and knowledge purposes only. Readers should independently verify the information from reliable sources. It is not intended to provide legal, professional, or advisory guidance. The author and the organisation disclaim all liability arising from the use of this content. The material has been prepared with the assistance of AI tools.