Md. Shahid Parvej @ Md. Shahid AkhtarversusThe State of Bihar

                     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
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           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
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                 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
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          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.
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                                  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.


                                                          (Chandra Shekhar Jha, J.)

Aniket/-

U      T