- (1.) HEARD learned counsel for the petitioner and learned counsel for the C.B.I.
(2.) THE petitioner is apprehending his arrest in connection with the case registered under Sections 120B r/w 420, 468, 471 of the Indian Penal Code and Section 13(2) r/w 13(1)(d)of the P.C. Act, 1988. Learned counsel for the petitioner has submitted that one of the case of similar nature in which the contractor has filed for his anticipatory bail before the Hon'ble Apex Court i.e. Special Leave to Appeal (Cr.) No. 5737 of 2012 in which the Hon'ble Apex Court has passed the following order:- "Although, we are not inclined to entertain the Special Leave Petition praying for grant of anticipatory bail and the same is rejected, in the event the petitioner surrenders and prays for regular bail, he shall be released on bail to the satisfaction of the Surrendering Court, Special Judge, C.B.I, A.C.B., Ranchi, in R.C. No. 20 (A) of 2009 (R ) on such conditions as may be considered necessary by the trial Court." He has further contended that the present petitioner is the Engineer and in view of the Apex Court, the present petitioner is also entitled to be released on anticipatory bail. Learned counsel for the C.B.I has pointed out that earlier the prayer for bail of the petitioner was rejected. He has also pointed out that in another case the Hon'ble Apex Court has rejected the prayer for regular bail of Assistant Engineer in case of similar nature and pass the following order:- "We are not inclined to entertain this petition at this stage. The Special Leave Petition is dismissed. We request the learned trial Court to proceed with the trial and in case the material witnesses are examined, the petitioner may revive the bail application. With these observations, the Special Leave Petition is disposed of."
(3.) HE has also pointed out that on the basis of that, this Court has rejected the prayer for anticipatory bail earlier in A.B.A. No. 183 of 2012 vide order dated 27.03.2012.;