Dismissed¶¶26

Nikku Kumar @ Nippu @ Bikku Kumar @ Rocky Kumar v. The State of Bihar

Patna HC2 Sept 2025CR. MISC./25157/2025

Case brief

AI extract

What is this about?

Nikku Kumar @ Nippu @ Bikku Kumar @ Rocky Kumar; bail rejected; Patna High Court; CR. MISC. No.25157 of 2025; order dt. 02-09-2025; Chandra Prakash Singh, J; Sessions Case No. 933 of 2023; Dhanarua P.S. Case No. 122 of 2020; Ss. 341/342/323/307 r/w 34 IPC; Section 27 Arms Act; shooting of mother Shobha Devi; death on 14.04.2020; head injury postmortem; informant Dharmsheela Devi; Dhanarua P.S. Case No. 129 of 2020; fardbeyan Pramod Kumar; prior rejection 28.08.2024 in Cr. Misc. No. 17792 of 2024; custody since 25.04.2023; eight criminal antecedents; A.D.J.-I Masaudhi Patna; expeditious trial direction.

What did the court decide?

Bail refused; the learned court below (A.D.J.-I, Masaudhi, Patna) directed to conclude the trial at the earliest. ¶¶26

Nikku Kumar @ Nippu @ Bikku Kumar @ Rocky Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail refused; the learned court below (A.D.J.-I, Masaudhi, Patna) directed to conclude the trial at the earliest.

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Issue for consideration

Whether the petitioner should be granted regular bail in Sessions Case No. 933 of 2023 arising out of Dhanarua P.S. Case No. 122 of 2020.

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Court's answer

Considering the facts and circumstances of the case as well as the specific allegation against the petitioner, the Court is not inclined to grant bail to the petitioner in connection with Sessions Case no. 933/2023 arising out of Dhanarua P.S. Case No. 122 of 2020, pending before learned A.D.J.-I, Masaudhi at Patna.

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Ratio / Principle

The learned court below is directed to conclude the trial of the petitioner at the earliest.

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Detailed headnote1 paragraphs

Bail refused — Patna High Court, Criminal Miscellaneous No.25157 of 2025 (order dt. 02-09-2025, Chandra Prakash Singh, J). Petitioner Nikku Kumar @ Nippu @ Bikku Kumar @ Rocky Kumar sought bail in Sessions Case No. 933 of 2023 (Dhanarua P.S. Case No. 122 of 2020, dt. 07.04.2020, Ss. 341, 342, 323, 307 r/w 34 IPC and S. 27 Arms Act), pending before A.D.J.-I, Masaudhi, Patna. Prosecution case: on 06.04.2020 the petitioner assaulted his mother Shobha Devi with a pistol butt and opened fire at her head, the shot striking her stomach; informant Dharmsheela Devi sustained two lacerated wounds dangerous to life. Shobha Devi died during treatment on 14.04.2020 at Shiva Hospital, Patna; postmortem attributed death to head injury by hard and blunt object. A.P.P. contended a parallel FIR (Dhanarua P.S. Case No. 129 of 2020, on fardbeyan of Pramod Kumar, dt. 10.04.2020) was lodged to save Pramod Kumar, an accused in the present case. Petitioner has eight criminal antecedents (on bail in four), in custody since 25.04.2023; earlier bail application (Cr. Misc. No. 17792 of 2024) was rejected on 28.08.2024. Considering the facts and the specific allegation, bail declined; trial court directed to conclude the trial expeditiously.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25157 of 2025

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Arising Out of PS. Case No.-122 Year-2020 Thana- DHANARUA District- Patna

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======================================================

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Nikku Kumar @ Nippu @ Bikku Kumar @ Rocky Kumar S/o Binay Singh @ Baigan r/o village- Mahmadpur, PS- Dhanarua, District- Patna

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ravi Bhardwaj For the Opposite Party/s : Mr.Rina Sinha ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 02-09-2025

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Sessions Case No. 933 of 2023 Dhanarua P.S. Case No. 122 of 2020 dated 07.04.2020 registered for the offences punishable under Sections 341, 342, 323, 307 read with section 34 of the I.P.C. and Section 27 of the Arms Act.

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As per the prosecution case, on 06.04.2020 at about 8.00 A.M., in front of the house of the informant, the petitioner, his father Binay Singh and Pramod Singh were quarrelling among themselves in their house and the petitioner was assaulting with the butt of the pistol to his mother Shobha Devi on her head and back but Binay Singh and Pramod Singh did

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Patna High Court CR. MISC. No.25157 of 2025(3) dt.02-09-2025 2/4

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not save her. On seeing this situation, the informant went to save the mother of the petitioner, namely, Shobha Devi, in the meantime, Binay Singh and Pramod Singh told the petitioner to kill her. On which, the petitioner opened fire on her head with his pistol which hit her stomach. Her son brought her to a local Hospital for her treatment and informed the police. Thereafter, the informant was brought to the P.M.C.H., Patna by police where her treatment was going on.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the occurrence took place on 06.04.2020 at 8.00 A.M. in the morning but the F.I.R. has been lodged on 07.04.2020 at 7.05 P.M. There is neighbour dispute between the parties. The petitioner had no intention to commit the alleged offence. The charge sheet has already been submitted in the present case. The petitioner has eight criminal antecedents and in four cases, he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 25.04.2023.

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Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that there is direct allegation against the petitioner for assaulting his

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Patna High Court CR. MISC. No.25157 of 2025(3) dt.02-09-2025 3/4

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mother Shobha Devi who died during the course of treatment. The postmortem report reveals that the cause of death is head injury caused by hard and blunt object. The informant, Dharmsheela Devi also sustained two lacerated wounds which were dangerous to life.

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It is further submitted by learned A.P.P. for the State that Shobha Devi, the mother of the petitioner who was injured in the present case i.e., Dhanarua P.S. Case No. 122 of 2020 was admitted in P.M.C.H., Patna, and for her better treatment, she was admitted in Shiva Hospital, Patna, for which the fardbeyan of Pramod Kumar, the son-in-law of Shobha Devi, was recorded on 07.04.2020 and the F.I.R. bearing Dhanarua P.S. Case No. 129 of 2020 was registered on 10.04.2020 by him and during the course of treatment, she died on 14.04.2020 in Shiva Hospital, Patna . It is further submitted that the fardbeyan of Pramod Kumar, the son-in-law of Shobha Devi which was recorded on 07.04.2020 and the F.I.R. bearing Dhanarua P.S. Case No. 129 of 2020 was registered by him on 10.04.2020 only to save his skin from the present case i.e., Dhanarua P.S. Case No. 122 of 2020 because he has been made accused in the aforesaid case. The regular bail application of the petitioner has already been rejected by this court vide order dated 28.08.2024

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Patna High Court CR. MISC. No.25157 of 2025(3) dt.02-09-2025 4/4

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passed in Cr. Misc. No. 17792 of 2024.

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Considering the aforesaid facts and circumstances

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of the case as well as the specific allegation against the petitioner, this Court is not inclined to grant bail to the petitioner in connection with Sessions Case no. 933/2023 arising out of Dhanarua P.S. Case No. 122 of 2020, pending in the court of learned A.D.J.-I, Masaudhi at Patna.

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Learned court below is directed to conclude the trial of the petitioner at the earliest.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Nikku Kumar @ Nippu @ Bikku Kumar @ Rocky Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nikku Kumar @ Nippu @ Bikku Kumar @ Rocky Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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