Rentu Dubey @ Rentu Kumar Dubey @ Rintu Kumar Dubey @ Rintu Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44041 of 2023 Arising Out of PS. Case No.-249 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== Rentu Dubey @ Rentu Kumar Dubey @ Rintu Kumar Dubey @ Rintu Dubey Son Of Awadesh Dubey Resident Of Village- Rulhi, Ps- Majhuliya, DistrictWest Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rishabh Mishra For the Opposite Party/s :

Ms.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 342, 323, 353, 386, 387, 419, 420/34 of the Indian Penal Code.

3. As per FIR, three accused persons were assaulting the passenger of a Scorpio vehicle. Seeing the police party they fled away but one of them was caught. The said accused disclosed that he along with other co-accused extorted money from the passengers.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The allegation against the petitioner

Patna High Court CR. MISC. No.44041 of 2023(2) dt.28-07-2023 2/2 conspiring with other co-accused is baseless as he was not present at the time of offence. The name of the petitioner has come into light, on the basis of confessional statement of other co-accused, which has got no evidentiary value in the eyes of law. There is no eye-witness to the alleged occurrence. No incriminating article/extorted money has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 15.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Majhaulia P.S. Case No. 249 of 2019.

(Sunil Kumar Panwar, J) arish/- U T