IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1347 of 2009 BASANT YADAV Versus STATE OF BIHAR For the Petitioner :Mr.S.K.Yadav,Advocate For the State : Mr.C.Jawahar, APP ---- 3. 22.04.2009 Heard counsel for the parties. The petitioner seeks anticipatory bail in a case instituted under section 409 IPC. During the relevant time the petitioner was an elected Mukhiya of Lodepur Gram Panchayat. The allegation is that he with the active assistance of his nephew misappropriated the amount which was meant for the beneficiaries of the Indira Awas. The FIR indicates that before filing the case, an enquiry was made to ascertain the allegation whereafter at the instance of the District Magistrate, the FIR was lodged. Counsel for the petitioner submits that some of the beneficiaries have not supported the allegation. It is further submitted that the allegation is being levelled several years after the alleged disbursement made to the beneficiaries. This Court, on perusal of the materials on record, is not convinced that a case for grant of anticipatory bail has been made out. The application accordingly stands rejected. hr ( Kishore K. Mandal )