THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No. 6985 of 2011 ORDER: The petitioners 1 to 4 seek “transit anticipatory bail” in this petition in Cr.No. RC 023 2011A 0012 of 2011 of Central Bureau of Investigation (ACB), Patna relating to offences punishable under Sections 120-B, 409, 420, 467, 468, 471 and 477A I.P.C. and Sections 13(1)(c) and (d)/13(2) of the Prevention of Corruption Act, 1988. The Central Bureau of Investigation booked the case on source information. The alleged fraud is to the extent of Rs.3,97,61,773.52 ps out of Rs. 13,92,00,000/- relating to earth work. The earth work is in respect of contract work of highway No.12 in the districts of Rohtas and Bohjpur under Rashtriya Sam Vikash Yojana (RSVY) whose value is Rs.1,15,29,92,439/-. The petitioners 1 to 4 are Managing Director and Directors of M/s. ECI Engineering and Construction Company Limited, Hyderabad (in short ‘the company’). In F.I.R., none of the petitioners 1 to 4 is named as accused person. A3 as per F.I.R. is the company. It is contended by the petitioners’ counsel that officers of Central Bureau of Investigation made investigation relating to registers and records of the company also during which the company and its directors and officers cooperated and placed all the material before the officers of Central Bureau of Investigation and that no fraud could be unearthed from those records relating to the company. In case no fraud is detected from the records of the company and in case the company is not a party to the alleged fraud, then Central Bureau of Investigation may not arrest any persons relating to the company. Nothing prevented the company, which has got business and contract works all over India including the State of Bihar, to approach the Sessions Court concerned or the High court of Patna for anticipatory bail. It is contended by the petitioners’ counsel that in case they go to Patna, there is every likelihood of Central Bureau of Investigation arresting the petitioners. Central Bureau of Investigation will do so irrespective of the petitioners going to Patna or remaining in Hyderabad. For moving anticipatory bail application, presence of the petitioners at Patna may not be necessary, since recent amendment to Section 438 Cr.P.C. is not yet being implemented. When none of the petitioners 1 to 4 is named as accused anywhere in the record placed before me, apprehension of the petitioners about their arrest in this case is imaginary and not real. Hence, this application does not lie. Accordingly, the petition is dismissed. SAMUDRALA GOVINDARAJULU,J Dt. 18.08.2011 lvl THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No. 6985 of 2011 Dt. 18.08.2011