Allowed

Sunil Kumar @ Akshya Lal v. The State Of Bihar

Patna HC1 Jul 2014CR. MISC./11768/2014

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Patna High Court granted bail to the petitioner charged under Section 302 IPC and Section 27 of the Arms Act. The court acknowledged inconsistencies in the FIR and the petitioner's clean antecedents, directing surrender of bail bonds.

What did the court decide?

Petitioner released on bail upon furnishing bonds of Rs. 10,000 with two sureties to the satisfaction of the CJM, Buxar.

Sunil Kumar @ Akshya Lal Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11768 of 2014 Arising Out of PS.Case No. -274 Year- 2013 Thana -BUXAR MUFASSIL District- BUXAR ====================================================== Sunil Kumar @ Akshya Lal Son Of Sant Lal Ram Resident Of Village - Dhudhani, Police Station - Buxar (M), District - Buxar .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 4 01-07-2014 Heard learned counsel for the petitioner and learned APP for the State.

¶2

Learned counsel for the petitioner is permitted to make necessary correction in the petition with regard to the date since when the petitioner is in custody. Let the same be done during the course of the day.

¶3

The petitioner seeks bail in Buxar (M) P.S. Case No. 274 of 2013 instituted under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

¶4

Learned counsel for the petitioner submits that though he has been named in the FIR but nobody has seen him firing upon the deceased. It is submitted that in the FIR, nephew of the

¶5

Patna High Court Cr.Misc. No.11768 of 2014 (4) dt.01-07-2014

¶6

2/3

¶7

informant, as well as the deceased, is said to have sated that somebody had shot his uncle (deceased) and thereafter, the informant had explained that there was past enmity between the petitioner and the deceased due to which he was killed. Learned counsel submits that the nephew who came and told the informant with regard to the incident was himself told by his other uncle namely Rahul Kumar that somebody had shot the deceased. He also had not taken name of the petitioner. Only lateron in the statement before the police Rahul Kumar said that he had seen the petitioner running away with pistol in his hand. Learned counsel submits that the incident is said to have occurred on 09.12.2013 at 1.00 a.m. and the FIR was lodged at 11.00 a.m. i.e., after 10 hours of the occurrence and by that time the actual version should have been reflected in the FIR and if at all Rahul Kumar has seen the informant he could have identified the petitioner as the assailant, which has not been done. It is submitted that the petitioner has clean antecedent and is in custody since 10.12.2013.

¶8

Considering the facts and circumstances of the case and submissions of learned counsels for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in

¶9

Patna High Court Cr.Misc. No.11768 of 2014 (4) dt.01-07-2014

¶10

3/3

¶11

Buxar (M) P.S. Case No. 274 of 2013. The petitioner shall cooperate in the trial and be present before the Court on each and every date fixed in the case. Failure to do so on two consecutive dates without sufficient cause shall lead to cancellation of his bail

¶12

bonds.

¶13

Prakash/-
U

¶14

(Ahsanuddin Amanullah, J)

Sunil Kumar @ Akshya Lal v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sunil Kumar @ Akshya Lal v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashok Paswan Vs The State Of Bihar

Mathura Yadav Vs The State Of Bihar

Shashi Kant Verma Vs The State Of Bihar

Arun Gupta Vs The State Of Bihar

Munna Tiwari Vs The State Of Bihar

Sudhanshu Kumar @ Tutu Vs The State Of Bihar