Firoz Alam v. The Union Of India, Through The Director, Central Bureau Of Investigation, Patna, Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15743 of 2024 Arising Out of PS. Case No.-6 Year-2017 Thana- C.B.I CASE District- Patna ====================================================== 1.

Firoz Alam S/O ZAFIRUDDIN RESIDENT OF MILLAT COLONY, SECTOR-2, PHULWARISHARIF, DIST.- PATNA.

2.

ASHRAF MOBIN @ ASHRAF ANSARI S/O MOBIN ANSARI RESIDENT OF JALWA TOLI, MOGHALPURA, PS.- KHAJEKALAN, DIST.-PATNA.

... ... Petitioner/s

Versus

THE UNION OF INDIA, THROUGH THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, PATNA, BIHAR. BIHAR, PATNA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Majid Mahboob Khan, Adv.

For the C.B.I.

:

Mr.Sourendra Pandey, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2024 Heard learned counsel for the petitioners and learned Spl.P.P. for the C.B.I.

2.

This is the second attempt on behalf of the petitioners for grant of anticipatory bail in connection with C.B.I. P.S. Case no.RC 06 of 2017, corresponding to Special Case No.05/2017, registered u/s 120(B), 420, 467, 468 of the IPC and section 13(2) read with 13(1)(d) of Prevention of Corruption Act. 3.

Earlier, the anticipatory bail application of the petitioners was dismissed on merit vide order dated 28.06.2022 passed in Cr. Misc. No.21512 of 2021 by this Court.

4.

Learned counsel for the petitioners submits that the recent development in this case is that one of the co-accused has been

Patna High Court CR. MISC. No.15743 of 2024(2) dt.20-03-2024 2/2 granted anticipatory bail by the Hon'ble Apex Court. 5.

Considering that once the case of the petitioner was heard and rejected on merit and keeping in view the recent decision of the Supreme Court in the case of G.R. Ananda Babu vs. State of Tamil Nadu and Another, reported in 2021 SCC OnLine SC 176, this second anticipatory bail application is not maintainable.

6.

It is accordingly, dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T