IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34798 of 2008 CHANDESHWAR CHOUDHARY Versus STATE OF BIHAR ----------- 3. 10.11.2008 Heard learned counsel for the petitioner and the State. The petitioner, who is a Mukhia, apprehends arrest in a Police case under Sections 406, 409, 420 and 468 of the Penal Code. The submission is that the persons from whom the petitioner is alleged to have taken illegal gratification, during investigation have denied the allegation. The petitioner is alleged to have taken illegal gratification from persons, given monetary help for reconstruction, after their houses were inundated by floods. Based on complaints received from them against persons like the petitioner, the District Magistrate ordered for an enquiry by the Executive Magistrate who submitted a report dated 20.4.2005 indicting inter alia the petitioner leading to institution of the first information report. Considering that the F.I.R. is based on deposition of the affected persons made before the Executive Magistrate, this Court is not persuaded to grant the privilege of anticipatory bail on certain alleged statements of the same persons stated to have been recorded by the Police subsequently. The application is rejected. AKS/ (Navin Sinha, J.)