1. Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offence under Sections 302 , 326 / 34 of the Indian Penal Code read with Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act in connection with Kolebira P.S. Case No. 13 of 2010 corresponding to G.R. No.92 of 2010 which was instituted on the basis of ferd-beyan of one Bal Mohan Singh and the said case is now pending in the Court of learned Chief Judicial Magistrate, Simdega.
2. It is alleged in the F.I.R. that on 21.3.2010 father of the informant was murdered. From F.I.R., it is apparent that the co-accused Hira Singh had murdered the petitioner's father by firing the pistol.
3. Learned counsel for the petitioner submits that this petitioner has not been named in the F.I.R. and he has been falsely implicated in this case only on the basis of confessional statement of co-accused. Learned A.P.P. has opposed the prayer for bail.
4. In the aforesaid facts and circumstances of the case and particularly in that view of the fact that from the F.I.R. Itself, it is apparent that this petitioner is not main assailant rather main assailant is coaccused Hira Singh, I am inclined to release the petitioner on bail.
Accordingly, the petitioner namely Ratan Gope, is directed to be enlarged 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 learned Chief Judicial Magistrate, Simdega in connection with Kolebira P.S. Case No. 13 of 2010 corresponding to G.R. No.92 of 2010.