IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48927 of 2008 KANHAIYA CHAWDHARY Versus STATE OF BIHAR ----------- 3. 13.04.2009 Heard. This is an application for grant of anticipatory bail in a case instituted under sections 406 and 420 IPC. The allegation as per the FIR is that the petitioner being the Mukhiya of the Gram Panchayat realized certain amount from several beneficiaries of Indira Awas Yojna. Counsel for the petitioner submits that as per the FIR itself the realizations of the amount were made in the year 2007, whereas the present case was lodged in 2008. Referring to paragraph 6 of the application, it has been submitted that because of animosity, this case has been lodged to malign the image of the petitioner. By filing a supplementary affidavit, a document has been placed on record (annexure-2) which is in the shape of compromise for non-prosecution of the case. It has been submitted that all the offences are compoundable. Having regard to the facts of the case, this Court while rejecting the application for anticipatory bail, observes as under: 1. The petitioner shall surrender in the court below within four weeks and apply for regular bail. 2. The court below shall verify the - 2 - genuineness of the application (annexure-2) and thereafter shall pass an appropriate order in accordance with law. Let a copy of this order be communicated through fax, the cost of which, shall be deposited by the petitioner. hr ( Kishore K. Mandal )