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Patna High Court

Shammi KapoorversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.

Summary

Shammi Kapoor was arrested in connection with a robbery and assault case (Begusarai Town P.S. Case No. 575 of 2024) involving offences under Sections 310(2) and 311 of the B.N.S. and Sections 25(1‑b)a, 26, 27 and 35 of the Arms Act. The prosecution alleged that Kapoor and co‑accused attempted to loot an informant’s shop, leading to a clash in which the informant’s driver and staff were injured and the informant fired a licensed gun, wounding two accused including Kapoor. Kapoor contended he was innocent, had been shot in the leg, and that no stolen items were found on him; he also pointed to the bail granted to a co‑accused in a similar case. The State opposed bail, citing Kapoor’s two prior criminal cases. After hearing both sides, the Court found the circumstances comparable to the co‑accused’s bail and, despite the antecedents, ordered Kapoor’s release on bail with a bond of Rs.10,000 and two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite being charged under serious provisions of the B.N.S. and the Arms Act.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
  • Whether the grant of bail to a similarly situated co‑accused warrants bail for the petitioner.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • theft
  • criminal antecedent
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87283 of 2025
                 Arising Out of PS. Case No.-575 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
                 Shammi Kapoor, S/O late Shiv Kant Jha, R/O village- Unsar, P.S.- Bochahan,
                 District- Muzaffarpur

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Hari Kishore Thakur, Advocate
                 For the Opposite Party/s :      Mr.Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Begusarai Town P.S. Case No. 575 of 2024 registered for

                   the offence punishable under Sections 310(2), 311 of B.N.S. and

                   Section 25(1-b)a, 26, 27 and 35 of the of the Arms Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with other co-accused persons went for

                   committing loot in the informant’s shop. In the meantime, the

                   informant reached there and a clash took place between them in

                   which the informant’s driver and his staff got injured. It is

                   further alleged that informant also fired from his licensee gun

                   which hit two accused persons on their legs. Thereafter, the

                   other accused persons started fleeing away after looting two
Patna High Court CR. MISC. No.87283 of 2025(2) dt.19-01-2026
                                            2/3




          pieces of necklace weighing 125 gram, two pieces of chain

          weighing 35 gram and 24 pieces of rings weighing 150 gram, all

          worth Rs. 30-35 lakhs.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. It has further been submitted that the petitioner is the

          person who has also received gun shot injury in the leg and was

          apprehended by the informant. Nothing has been recovered

          from his possession rather the looted items were taken away by

          the other co-accused persons. It has also been submitted that

          similarly situated co-accused Chhotelal Kunwar has been

          granted bail by learned Co-ordiante Bench vide Cr. Misc. No.

          19606 of 2025. The case of this petitioner stands on similar

          footing. He is languishing in judicial custody since 25.10.2024.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail and has submitted

          that petitioner is having criminal antecedent of two cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail
             Patna High Court CR. MISC. No.87283 of 2025(2) dt.19-01-2026
                                                         3/3




                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned Chief

                       Judicial Magistrate, Begusarai in connection with Begusarai

                       Town P.S. Case No. 575 of 2024.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


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