Patna High Court
Shammi KapoorversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petitioner is entitled to bail in Case No. 576 of 2024 as the investigation is complete and bail has already been granted in the related FIR.
Summary
Shammi Kapoor was arrested in connection with a dacoity at PP Jewellers, Begusarai, and charged under several sections of the Bihar Negotiable Instruments Act and the Arms Act. He has been in custody since 28‑11‑2024. Two FIRs were lodged for the same incident (Case No. 575 and Case No. 576). Bail had already been granted in Case No. 575 and for a co‑accused in a related matter. The petitioner argued that the investigation is complete, a charge‑sheet has been filed, and there is no risk of evidence tampering, therefore bail should be granted in Case No. 576. The State opposed the bail. The Court, noting the prior bail order and the completed investigation, directed that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Cr.P.C. and the BNSS.
Issues considered
- Whether bail should be granted in Case No. 576 of 2024 despite a separate FIR (Case No. 575) for the same occurrence.
- Whether continued detention is justified when the investigation is complete and a charge‑sheet has been filed.
- Whether there is any likelihood of the petitioner tampering with evidence.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Negotiable Instruments Act — s. 111(2), 111(4), 310(4), 310(5), 310(6), 480(3), 60
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Negotiable Instruments Act
- multiple FIRs
- charge sheet
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88495 of 2025
Arising Out of PS. Case No.-576 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Shammi Kapoor S/O Late Shiv Kant Jha @ Late Srikant 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
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with Begusarai
Town P.S. Case No. 576 of 2024 registered for the offence under
Sections 310(4), 310(5), 310(6), 111(2), 111(4) and 60 of the
BNS and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. The petitioner is named in the F.I.R. and is in custody
since 28.11.2024.
4. As per FIR, some unknown miscreants were fleeing
away after committing dacoity in M/s. PP Jewellers, District-
Begusarai. After occurrence owner of the shop chased miscreants
and fired upon them, which hit the leg of two co-accused persons,
who later on disclosed their name as Chhotelal Kunwar @ Chhotu
and this petitioner namely Shammi Kapoor who after getting
injured, along with other injured co-accused were nabbed and
Patna High Court CR. MISC. No.88495 of 2025(2) dt.10-02-2026
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admitted to the hospital for their treatment.
5. Learned counsel appearing on behalf of the petitioner
submitted that for the same set of occurrence one FIR was also
lodged by the owner of M/s. PP Jewellers, which has been
registered as Begusarai Town P.S. Case No. 575 of 2024, whereas
the present case was lodged on the basis of statement of petitioner
while he was admitted in hospital, where informant is the police
and same has been registered as Begusarai Town P.S. Case No.
576 of 2024. Arguing further, it is pointed out that petitioner in
Begusarai Town P.S. Case No. 575 of 2024 has already granted
bail by one of the learned Co-ordinate Bench of this Court through
Cr. Misc. No. 87283 of 2025 dated 19.01.2026 & other co-
accused namely Chhotelal Kunwar @ Chhotu also granted bail by
one of the learned Co-ordinate Bench of this Court through Cr.
Misc. No. 17677 of 2025 dated 15.05.2025 in this case.
Considering that no recovery as alleged of looted materials was
made from the physical possession of this petitioner, particularly
when petitioner was apprehended immediately after the
occurrence. While concluding the argument, it is submitted that
petitioner found involved in two more criminal cases, where he is
on bail and moreover, investigation of this case is completed, for
which charge-sheet has been submitted, as such, there is no
Patna High Court CR. MISC. No.88495 of 2025(2) dt.10-02-2026
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chance of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by taking
note of fact as petitioner already granted bail by one of the learned
Co-ordinate Bench of this Court qua present occurrence for which
separate FIR was lodged by owner of M/s. PP Jewellers, coupled
with fact as investigation of this case is already completed, where
petitioner remains in custody since 28.11.2024, accordingly
petitioner above named, is directed to be released on bail in
connection with Begusarai Town P.S. Case No. 576 of 2024 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned
CJM, Begusarai/concerned court, subject to the conditions as
mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of
BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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