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Patna High Court

Shammi KapoorversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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