IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12435 of 2009 BISHUNDEO PRASAD Versus STATE OF BIHAR THRU.VIG. ----------- 02/ 21.05.2009 Heard Sri Amit Kumar, Advocate for the petitioner and Sri Rakesh Kumar, Special P.P. for the Vigilance. The allegation is that the list of beneficiaries under the Indira Awas Yojana contained certain names, which were non-existent in the concerned villages or its Tola and as such it was alleged that by showing payment for construction of the Awas to different persons huge amounts were defalcated. The contention of the petitioner is that he being the Head Clerk of the Block was simply obliged to copy the names of the beneficiaries, the list of which was prepared at the panchayat level in consultation with or in presence of the Circle Officer or other Revenue Officers, which was approved by the District Magistrate. It was contended that the petitioner had no hand in making payments of any part of the cost of construction. As against that, learned counsel appearing for the Vigilance has resisted the prayer and has instigated that the - 2 - petitioner was indulging in creation of false records on the basis of which the payments were never made and the money was defalcated, which could have never been out side of the record. Regard being had to the above facts and circumstances, I do not find it a fit case for grant of anticipatory bail. The petition is dismissed. DKS/ (Dharnidhar Jha, J.)