Dhrub Narayan Upadhyay, J. - (1.) HEARD the learned counsel for the petitioner and the learned counsel for the State. This case has been lodged on the basis of fardbeyan of the Chaukidar who had seen dead body of an unknown male having sharp cut injuries on his person lying near village Pundidiri by the side of Sarloga road. During investigation, the dead body was identified as of Etwa Birhor. It further transpires that the petitioner with his associates had killed the deceased on the way.
(2.) IT is submitted that the witnesses examined in the case diary have stated that they learnt about the occurrence from Mahabir Birhor, but he has not been examined by the investigating officer. Petitioner has been charge -sheeted on the basis of his confession made before the police, but that is also not correct as per post -mortem report, because it is disclosed that the petitioner caused injuries to the deceased by means of stones, whereas the post -mortem report indicates that the deceased was having sharp cut injuries on his person. Learned counsel for the State has opposed the prayer. Considering facts and circumstances of the case coupled with the fact that Mahabir Birhor has not been examined before submission of the charge -sheet, the petitioner above named 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 Addl. Judicial Commissioner, Ranchi, in connection with Tamar PS case No. 69 of 2010 (G.R. No. 3068 of 2010), on the condition that he would co -operate with the trial and would remain physically present in the Court below on the date(s) fixed.;