Patna High Court
Shammi KapoorversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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
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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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