LALU PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will also dispose of Cr. Misc. Nos. 11637/97, 11708/97 and 11757/97 as all the four applications for anticipatory bail arise out of one and the same case i.e. R.C. Case No. 20-A of 1996 (Special Case No. 22/96) under Sections 409, 420, 467, 471, 477, 477-A, 201, 511 read with Section 120 of the Indian Penal Code and Section 13(2) read with Sections 13(1)(c) and 13(1) of the Prevention of Corruption Act.

(2.) It appears that on the written report of Sri Amit Khare, the Deputy Commissioner, West Singhbhum, Chaibasa, case F.I.R. No. 12/96 was registered in Police Station Sadar, Chaibasa in respect of fraudulent withdrawals from the Government Treasury by the officials of the Animal Husbandry Department (for short 'A.H.D.') in pursuance of a criminal conspiracy of the accused persons named therein. Subsequently, on the basis of the order passed by the High Court in a batch of writ application and in view of the order passed by the Hon'ble Supreme Court in S.L.P. (Civil) No. 5811/96 the Central Bureau of Investigation (for short 'C.B.I.') took over the investigation of the aforesaid criminal case and the other cases registered in various Police Stations regarding fraudulent withdrawals by the Animal Husbandry Department commonly known as 'Fodder Scam'. Consequently, Chaibasa Sadar P.S. Case No. 12/96 came to be registered as R.C. No. 20-A/96-Patna (Special Case No. 22/96). Although the aforesaid case was registered only in respect to the financial year 1994-95 but during the investigation by the C.B.I. it transpired that the fraudulent withdrawals were the result of a well hatched criminal conspiracy under the patronage of high-ups in bureaucracy as well as the politicians in power; and that the fraudulent withdrawals were not restricted to the aforesaid period and that the number of the persons involved in the crime was also not restricted to the number of the accused mentioned in the First Information Report.

(3.) Sri Lalu Prasad, the present Chief Minister of the State (the petitioner herein), Sri Bhola Ram Toofani, the Minister Incharge of Animal Husbandry Department in the Cabinet, (petitioner in Cr. Misc. No. 11637/97), Sri Vidya Sagar Nisad, who also happened to be a Cabinet Minister Incharge of Animal Husbandry Department for some time and is now stated to be a Member of Parliament, (petitioner in Cr. Misc. No. 11708/97) and Sri Chandra Deo Prasad Verma, who was also Minister Incharge of the aforesaid Department, (petitioner in Cr. Misc. No. 11757/97) apprehending their arrest in the aforesaid case have filed applications separately under Section 438 of the Code of Criminal Procedure praying for anticipatory bail.