IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4636 of 2009 TARKESHWAR SINGH, son of Sri Ram Bahadur Singh, village Charihara, PS Mashrakh, Dist. Saran at Chapra .. Petitioner. Versus STATE OF BIHAR ----------- 3 17.2.2009 Heard learned counsel for the petitioner and the Statte. The petitioner apprehends his arrest in a case under sections 307/34 of the Penal Code and section 27 of the Arms Act. Earlier the prayer for anticipatory bail on behalf of the petitioner was rejected on 24.1.2008. The facts which are relevant for consideration in this case are that the police has submitted final form not sending up this petitioner for trial. The court has found that in fact it was due to political rivalry that the petitioner has been named and that there is no material in the case diary to support the allegations in the F.I.R. The dates relevant in the case are that the occurrence took place on 15.8.1995. The final form was submitted on 31.7.1996 and a protest petition was filed before the submission of the final form in the year, 1995. The court accepted the final form on 15.7.1998. Thereafter, witnesses were examined and cognizance was taken on 28.8.2006. This court while considering the earlier anticipatory bail petition came to a definite finding that none of the witnesses who were the prosecution witnesses in the F.I.R. were examined in the case diary because of political influence wielded by this petitioner. Learned counsel for the petitioner submits that this court 2 has not considered the fact that although the protest petition was filed in the year, 1995, the informant/complainant did not take step to get the informant examined till the year 2006 and as such the petitioner has been made accused in this case after eleven years. If true, I do think that this ground would be a good ground for consideration of regular bail and I, therefore, direct that the petitioner should surrender in the court below and the court below taking into account that the petitioner has been made an accused in this case after eleven years should dispose of the bail petition expeditiously and preferably within one week. This application is dismissed with the aforesaid observation. haque (Sheema Ali Khan, J.)