IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22405 of 2008 RAJEEV KUMAR YADAV @ RAJEEV YADAV Versus STATE OF BIHAR ----------- 3. 4.8.2008 Heard. The informant and the deceased were returning from the State Bank of India where they had been sent for bringing cash to the tune of Rs.3.5 lacs. The currency notes were of the denominations of Rs.500/- and Rs.100/- respectively. The 500/- notes were counting 100 and the notes of 100 denominations were 3,000/-. At a particular place some criminals appeared and wanted to snatch the money. The deceased who was the guard accompanying the messenger i.e. the informant attempted to intervene but the other criminal attempted to snatch his gun. The resistance prompted the third one to fire a shot into his head, the constable died on the spot. The money was looted away. Out of the booty an amount of Rs.20,000/- as per the description in the seizure memo was recovered from an unusual place of the house of the petitioner. It was a Kothi(kothi is earthen bigger grainery meant to store grains usually for consumption of the family). The contention is of many fold, that the cash was of the petitioner and that it was not out of the booty. The learned A.P.P. has read out to me the description of the seized cash and those quite tally with the description as contained in the FIR. There could not be a better evidence of participation than being found in possession of the theft property. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )