IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31170 of 2008 RAM AWADHESH SINGH Versus STATE OF BIHAR ----------- 3 5.8.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused in a case under Sections 457 and 380 of the Indian Penal Code and Section 3(X) of the S.C/S.T. Act. It is alleged by the informant that the petitioner along with two other accused persons forcibly entered into the house of the informant and looted away household articles along with cash of Rs.5,000/- and 5 quintals of food-grains. Learned counsel for the petitioner has drawn attention towards Annexure-2 which is informatory petition filed by the petitioner before Sub-Divisional Magistrate, Bhabua on 14.9.2007, wherein he has made allegation against certain persons including the informant Rammashray Paswan. It has been alleged therein that the aforesaid persons including the informant are related with anti-social elements and all the time they are engaged in threatening the petitioner. He states that this case has been filed in retaliation thereof. It has further been contended that the informant and the petitioner belonged to the same village, but it appears from the averments made in the F.I.R. that the villagers have identified the accused persons while they were fleeing away. The informant himself has not identified the petitioner as one of the accused. Petitioner further submits that one of the co-accused person namely Vijay Singh has already been enlarged on bail by this Court by an order dated 4.3.2008 passed in Cr. Misc. No. 3038 of 2008. Learned counsel for the State, submits that the petitioner was seen by the informant as well as by the villagers and he has been named in the F.I.R. In the facts and circumstances of the case, I direct the petitioner, namely, Ram Awadhesh Singh, to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhagwanpur (Karamchat) P.S. Case No. 123 of 2007. P.K. (Dr. Ravi Ranjan,J.)