IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22345 of 2009 BHAGAWAT MURMU Versus THE STATE OF BIHAR ----------- 02 11.09.2009 Heard both sides. Petitioner has approached this Court seeking protection under Section 438 of the Cr.P.C., in relation to a case instituted sometimes in the year, 1995, giving rise to Vigilance P.S. Case No. 63 of 1995. It is admitted position that in the accused column name of the petitioner was not mentioned. It is contended that the investigation proceeded for about 10 years and ultimately charge-sheet was submitted in the year, 2007. Learned counsel submits, that in course of investigation, no effort was made to secure his arrest, not even summon was issued either by the investigating authority or by the Court. It is next contended that he retired as Head Clerk in the year, 1987 and presently he is aged about 80 years. Learned counsel appearing on behalf of Vigilance, disputes the assertions made by the petitioner in para-7. He submits that in the year, 1997 itself the investigating authority has issued notice to the petitioner, whereafter he appeared and 2 submits his show-cause. It is thus contended that the petitioner was aware of the pendency of a case in which he was also one of the accused. This Court finds from the records, as well as the submission advanced on behalf of the parties that the petitioner has approached this Court at very belated stage. True it is another co-accused i.e. B.D.O, of the Block in question has been privileged with anticipatory bail, but this Court having regard to the facts noted above, is not inclined to extend the same protection to the petitioner. Let the petitioner shall appear and apply for regular bail in the court below. If, such application is made, the court below shall consider all aspects of the matter appearing from the record including the submission made by the learned counsel for the petitioner hereinabove and pass appropriate order uninfluenced by the order disposing of the present application. With this observation the application is disposed of. P.K. (K.K. Mandal, J.)