IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22655 of 2009 RAM CHANDRA RAM Versus 1. STATE OF BIHAR 2. Additional Director General(Vigilance) ----------- 2. 14.09.2009 The only submission advanced in support of the application seeking anticipatory bail in connection with a case instituted under section 409 IPC including section 7 of the Prevention of Corruption Act is that the petitioner was not posted when the processes under sections 82 and 83 Cr.P.C. were executed. Other submission is that co-accused Ram Naresh Tiwari has since been granted anticipatory bail by a bench of this court under order dated 13.01.2009 (Annexure-2). It is contended that the two articles for which the demand was allegedly made were already decomposed and for that a Senha was already entered by the then officer- in-charge. Learned counsel appearing for the Vigilance opposed the prayer and submitted that the charge sheet in the present case has already been filed. This Court finds that there is unexplained delay on the part of the petitioner in approaching this court. Considering that aspect of the matter only, this Court is not inclined to exercise the discretion in favour of the petitioner. Let the petitioner appear in the court below and 2 apply for regular bail which shall be considered on its own merit uninfluenced by the present order. The court below shall take into consideration the submission noted hereinabove as also the submission that may be advanced by the counsel in support of the application. Let it be recorded that I have not adjudged the merit of the case. With the aforesaid observation, the application stands disposed of. hr ( Kishore K. Mandal )