IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9643 of 2010 SYED KAZIM HUSSAIN . Versus STATE OF BIHAR THRU.VIG. . ----------- 2 2.4.2010 Heard counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under sections 409, 420, 468, 471, 120(B), 109 of the Penal Code and under sections 13(2) read with section 13(1)(C) & (d) of the Prevention of Corruption Act, 1988. The allegation is that the accused persons made payment to the contractors on the basis of false and fake bills. Learned counsel for the petitioner fairly submits that the petitioner had earlier moved this court for grant of anticipatory bail vide Cr.Misc.No.2354 of 1996 but the same was rejected by order dated 2.4.1996 with a direction to appear before the court below within four weeks and pray for bail which shall be considered and disposed of on its own merits. Thereafter, the petitioner moved the Hon’ble Apex Court vide S.L.P.(Crl.)No.1493 of 1996 which was dismissed by order dated 20.9.1996 with an observation that despite opportunities granted, proof of surrender was not filed. He further submits that one Tahneshwar Singh @ Dhaneshwar Singh who was posted as S.D.O., Garden Division and he in league with 16 named accused persons misappropriated ten lacs rupees allotted for development and maintenance of garden has been granted anticipatory bail by a bench of this court by order dated 2 KHAN 18.7.2008 passed in Cr.Misc.No.24616 of 2008. Similarly, co-accused Ishwar Prasad Sinha, who at the relevant time was Horticulture Inspector, having similar allegation to that of the petitioner, has been granted anticipatory bail by a bench of this court by order dated 20.11.2008 passed in Cr.Misc.No.42482 of 2008. The petitioner submits that he is a heart patient and under went coronary angiography on 24.2.2005 in the Escorts Heart Institute & Research Centre, New Delhi. The petitioner is renewing his prayer for anticipatory bail on the grounds mentioned above. Counsel for the Vigilance submits that the prayer for anticipatory bail of the petitioner was earlier rejected by this court as well as Hon’ble Apex Court. Having considered the facts and circumstances of the case and in view of the fact that earlier the prayer for anticipatory bail of the petitioner was rejected by this court as well as by the Hon’ble Apex Court, I am not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is rejected. However, if the petitioner surrenders and pray for regular bail, the same would be disposed of preferably on the same day on its own merits and also taking into consideration that the petitioner is a heart patient. (S.P.Singh,J)