IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 22788 of 2009 Munna poddar, son of Mithilesh Poddar, resident of village – Rajandipur, P S – Sabour, District – Bhagalpur - Petitioner Versus State of Bihar - Opposite Party ----------- 2 03.09.2009 The petitioner apprehends arrest in Sabour Police Station Case No 73 of 2009 instituted under Section 379 of Indian Penal Code. It is alleged that when the informant’s husband was returning after withdrawing Rs 5,000/- from the account which he had received on account of Indira Awas Yojana for construction of his house, the petitioner forcibly took away the money as also from many other persons. Such a complaint was originally made to the Block Development Officer who is Incharge of such funds for being made available to persons below the poverty line and it is the Block Development Officer who has forwarded the complaint and on basis whereof, the first information report has been lodged. In my view, indulgence cannot be given on the ground that there are several witnesses, who have, in course of investigation, contradicted the above fact, as alleged in the first information report. Be that as it may, if the petitioner abovenamed surrenders before the Court below within 4 weeks from today and pray for regular bail, his prayer for bail shall be considered on its own merit without being prejudiced by this order. With this observation, prayer of petitioner for anticipatory bail is rejected. M.E.H./ (Navaniti Prasad Singh) 2