IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22813 of 2009 SANTOSH SAHAY Versus STATE OF BIHAR ----------- 5. 02.09.2009 Heard the learned Counsel for the petitioner and the learned counsel for the State. The petitioner apprehends arrest in a Police case under Sections 409 of the Penal Code. His prayer for anticipatory bail has been rejected twice on 21.9.2006 and 22.5.2009. Learned Counsel for the petitioner refers to the communication from the informant calling the petitioner for settlement of accounts to submit that he is unable to do so in view of apprehension of arrest. Unfortunately this aspect does not appear to have been appropriately placed before the Court earlier. The affidavit of the Superintendent of Police shows pendency of the investigation against the petitioner for over four and half years. The Court is unable to appreciate the conduct of the Investigating Authorities in stating that investigation against the petitioner could not be completed in absence of grant of sanction under Section 197 Cr.P.C. That is relevant after completion of investigation at the stage of cognizance. Having considered the facts and circumstances of the case, let the petitioner, above named, surrender in the court below within a period of four weeks from today when he shall be enlarged on anticipatory bail during the period of investigation till submission of chargesheet, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Buxar in Dumraon PS Case No. 5 of 2005, subject to the conditions as laid down under Section 438(2) Cr.P.C. The petitioner is directed to appear before the informant within a period of two weeks to enable the informant to discuss the accounts with him and furnish his views to the Investigating Authority. Let investigation be concluded thereafter without delay. If thereafter chargesheet is submitted against the petitioner he shall then be required to surrender and seek regular bail. Snkumar/- (Navin Sinha,J.)