IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28642 of 2008 RAMESH PRASAD Versus STATE OF BIHAR ----------- 4. 11.11.2008 Heard the learned Counsel for the petitioner and the learned counsel for the State as also the Counsel for the informant. The petitioner was the Mukhiya concerned at the relevant time apprehending arrest in a Police case under Sections 409, 468 and 420 of the Penal Code. On allegation of embezzlement of government funds meant for welfare scheme like Indira Awas Yojana etc. the District Magistrate concerned directed an enquiry. Based on a preliminary enquiry in which the petitioner refused to participate despite notice to him and report came to be submitted whereafter based on the report the present FIR has been lodged. Much emphasis has been laid on behalf of the petitioner on this preliminary executive enquiry to support his plea for anticipatory bail. The enquiry reports that some of the beneficiaries admitted to have received benefits, nonetheless there are several; others mentioned in the enquiry report who have stated that money have been lifted in their names and never given to them. It further states that those who never applied for funds have been shown as funds released in their names and lifted on their behalf when they specifically denied that they have received any money. Funds have been allotted in the name of wrong persons by name and parentage and for those whose houses had been constructed nearly ten years ago. The buildings supposed to have been constructed were incomplete while payment has been made. In another place only pillars were found. That the petitioner was in the position of trustee of government funds to be distributed for welfare scheme to the needy when he embezzled these funds for personal gains by defalcation of government money. This Court is not persuaded to grant him privilege of anticipatory bail. This application is rejected. Snkumar/- (Navin Sinha,J.)