Patna High Court
SHANAWAZ KHAN @ CHHOTE KHANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 317(5), 318(4), 3(5)
- Code of Criminal Procedure — s. 438(2)
- Indian Forest Act — s. 34
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
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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/-
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