IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42790 of 2026 Arising Out of PS. Case No.-1388 Year-2025 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1. Md. Shahid Parvej @ Md. Shahid Akhtar S/O Md. Suleman Resident Of Village-madarsa Road, Chitraguptapuri Road, Maripur, Police Station-Kazi Mohammadpur, District- Muzaffarpur 2. Nabil Shahid @ Md. Nabil Shahid @ Aman S/O- Md. Sahid Parvej Resident Of Village-madarsa Road, Chitraguptapuri Road, Maripur, Police Station- kazi Mohammadpur, District-muzaffarpur ... ... Petitioners Versus 1. The State of Bihar 2. Md. Aftab Alam S/O- Abdul Bar R/O Vill.- Maksudpur, P.S.- Aurai, District- Muzaffarpur ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 07-07-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. Both accused/petitioners are named in the FIR and apprehending their arrest in connection with Ahiyapur P.S Case No.1388 of 2025 registered under Sections 318(4) and 316(4) of the Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’). 3. The allegation against the petitioner is to misappropriate a sum of Rs. 10 lakh from the shop of the Patna High Court CR. MISC. No.42790 of 2026(2) dt.07-07-2026 2/3 informant while working as a staff against the sale of shoe related items to the wholesaler and other small shopkeepers and directly diverted their payment to their bank account by using PhonePe and Paytm. 4. It is submitted by learned counsel appearing on behalf of petitioners that admittedly the relationship between informant and petitioners is of employer and employee. It is submitted that the shop of the informant was admittedly inaugurated on 26.10.2024, the date on which the relationship of employer and employee came into existence, but the screenshot as provided by the informant qua misappropriated amount suggests that all alleged payment as made through PhonePe and Paytm, was made before 26.10.2024, when there was no relationship of employer and employee as between the informant and petitioners and, therefore, all such allegations prima facie appears not convincing and due to oblique motive just for false implication of these petitioners, present case was lodged. Petitioners claimed clean antecedent. 5. Learned APP opposed the prayer of bail. Patna High Court CR. MISC. No.42790 of 2026(2) dt.07-07-2026 3/3 6. In view of aforesaid factual submissions as the alleged money transaction is before the inauguration of the shop of the informant i.e. 26.10.2024, when there was no any such relationship of employer and employee between informant and petitioners, accordingly, both petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S Case No.1388 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS. Aniket/- (Chandra Shekhar Jha, J.) U T