Ram Mohan Rastogi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66724 of 2022 Arising Out of PS. Case No.-215 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== Ram Mohan Rastogi S/o Late Rishi Prasad Rastogi R/o Mohalla- Shanker Saraiya Chowk, P.S.- Turkoliya, District- East Champaran at Motihari ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Piprakoti P.S. Case No.215 of 2022 registered for the offence under Sections 328, 420, 392 and 34 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 27.07.2022.

The allegation against the petitioner is to receive looted items from co-accused persons, who committed the crime of robbery and while committing so looted a truck carrying 1500 containers of palm oil.

Learned counsel appearing on behalf of the petitioner submitted that only nine containers of palm oil was purchased

Patna High Court CR. MISC. No.66724 of 2022(2) dt.25-02-2023 2/3 by the petitioner believing that alleged item is not looted items. It is also submitted that alleged recovery was made from the house of petitioner, which is jointly occupied and such it cannot be said that recovery was made from the conscious physical possession of the petitioner. It is also submitted that compliance of Section 100(4) of the Cr.P.C. not appears to be made in the present case. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above and by taking note of the fact as alleged recovery not appears to be made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let above named petitioner is directed to be released on bail in connection with Piprakoti P.S. Case No.215 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate,

Patna High Court CR. MISC. No.66724 of 2022(2) dt.25-02-2023 3/3 East Champaran, Motihari/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T