← Library
Patna High CourtCR. MISC./87283/2025allowed

Shammi Kapoor v. The State Of Bihar

2026-01-19Mr. Justice Ashok Kumar Pandey3 pages

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 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