Created by Fuzzy Cloud

Patna High Court

SHANAWAZ KHAN @ CHHOTE KHANversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing his release upon furnishing a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Shanawaz Khan, was named in an FIR for alleged involvement in the illegal possession of prohibited khaira wood under the Indian Forest Act and sections of the Bhartiya Nyaya Sanhita. The prosecution’s case rested on the claim that a co-accused, who was apprehended with the wood, intended to deliver it to the petitioner, although no wood was seized from the petitioner’s possession and no independent witnesses corroborated the allegation. The petitioner argued he had no knowledge of the co-accused and maintained a clean antecedent. The court examined whether the suspicion arising from the co-accused’s statements sufficed to deny bail, considering the lack of direct possession. Finding the evidence insufficient to establish conscious possession and noting the petitioner’s clean record, the court ordered his release on bail subject to a bond and sureties, invoking Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail was conditioned on surrender within four weeks.

Issues considered

  • Whether bail can be granted when the accused is implicated solely on suspicion arising from a co-accused’s statements without proof of possession.
  • Whether the recovery of prohibited khaira wood from co-accused persons constitutes sufficient ground to deny bail under the Indian Forest Act and B.N.S. provisions.

Legislation cited

Subjects

  • bail
  • forest law
  • prohibited wood
  • suspicion
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40068 of 2026
                     Arising Out of PS. Case No.-360 Year-2025 Thana- NAANPUR District- Sitamarhi
                 ======================================================
                 Shanawaz Khan @ Chhote Khan, S/o Sarfuddin Khan, Resident of Village -
                 Fulwariya, P.S.- Bangri, District - East Champaran.
                                                                            ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Dhurendra Kumar, Advocate
                 For the Opposite Party/s :         Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   22-06-2026                  Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Nanpur P.S. Case

                   No.360 of 2025 registered under Sections 317(5), 318(4)

                   read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short

                   ‘B.N.S.’) and Section 34 of the Indian Forest Act.

                                3.    As      per     FIR,    co-accused        persons       were

                   apprehended with prohibited “khaira” wood.

                                4. It is submitted by learned counsel appearing for

                   petitioner that merely on the basis of disclosure that the

                   apprehended co-accused was in process to deliver the wood

                   to this petitioner, he was implicated with present recovery of
Patna High Court CR. MISC. No.40068 of 2026(2) dt.22-06-2026
                                            2/3




          khaira wood, which is prohibited under the Forest Act. It is

          submitted that the petitioner was neither known to

          apprehended co-accused persons and nor connected with

          seized khaira wood in any manners. It is also submitted that

          admittedly recovery was not made from the possession of

          this petitioner, where seizure list also appears disputed, not

          supported by independent witnesses. The petitioner claimed

          clean antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as recovery of khaira wood prima facie

          not appears to be made from conscious physical possession

          of this petitioner, where petitioner appears implicated out of

          suspicion surfaced from disclosure made by apprehended co-

          accused persons, accordingly, the petitioner, above-named,

          who is a man of clean antecedent, in the event of his arrest

          or surrender in the court below within a period of four weeks

          from today, is directed to be released on bail on furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the
           Patna High Court CR. MISC. No.40068 of 2026(2) dt.22-06-2026
                                                       3/3




                     learned S.D.J.M., Pupri, Sitamrhi in connection with Nanpur

                     P.S. Case No.360 of 2025, subject to the conditions as laid

                     down under Section 438(2) of the Code of Criminal

                     Procedure (in short ‘CrPC’)/under Section 482(2) of the

                     Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS’).


                                                     (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.