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Telangana HC Grants Anticipatory Bail in Fake E-Way Bill Case to Driver

Case Law Details

TaxGuru Citation
2025 taxguru.in 8190
Case Name
Mohammed Khan Vs State of Telangana (Telangana High Court)
Date of Judgement/Order
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Mohammed Khan Vs State of Telangana (Telangana High Court)

This criminal petition was filed before the Telangana High Court by Mohammed Khan, the petitioner and accused no. 1 in FIR No. 86 of 2025. The case, registered by the EOW Team 1, CCS, DD Police Station, Hyderabad, involved offenses under Sections 318(4), 336, 338, and 61(2) of the Bharatiya Nagarik Suraksha Sanhita (BNS) Act, 2023.

The prosecution’s case began with a complaint lodged on July 29, 2025, by a de-facto complainant, a VTC duty officer. The complaint alleged that a vehicle, with registration number AP 29 TA 7213, had been in a breakdown condition since June 2025. Despite this, GST taxpayers had been fraudulently generating E-Way Bills for the vehicle, suggesting that goods were being transported from one place to another without any actual movement. The complainant requested necessary action be taken. Following this complaint, a case was registered against the petitioner.

The petitioner’s counsel, Sri Mirza Safiulla Baig, sought pre-arrest bail, arguing that the other co-accused in the case had already been granted anticipatory bail after paying the fine amount for the said violation. The counsel further contended that the petitioner, who was the driver of the vehicle, was unaware of these fraudulent activities. He requested the court to grant pre-arrest bail to his client.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,987

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