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. 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’). Sanjeet/- (Chandra Shekhar Jha, J.) U T