TRIPURI MOHAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application under Section 482 of the Code of Criminal Procedure, has been filed by the petitioner for quashing the order of remand dated 24-12-1996 in RC 77 (A) 96-Pat. corresponding to Special Case No. 69/96 under Sections 120- B/420/467/468/471 and 511 of the Indian Penal Code and Section 8 (2) read with Section 13 (1) (c) and (d) of the Prevention of Corruption Act, 1988 by Special Judge (C.B.I.), Patna.

(2.) The main contention of learned Counsel for the petitioner is as to whether the petitioner who had earlier been taken in custody and remanded in connection with RC 34 (A) 96 corresponding to Special Case No. 35/96 can again be remanded in the present case as the allegation against the petitioner in both the cases are same. By filing a supplementary affidavit dated 6-3-1997 a further remand order of the Judicial Magistrate dated 26-12-19% has been brought on record as contained in Annexure-5 stating therein that the said remand order had been passed without application of mind and as such, the petitioner should be directed to be released forthwith.

(3.) The short fact is that the petitioner who is proprietor of M/s Bihar Surgico Medico Agency has been a supplier of various types of medicines to the Animal Husbandry Department, Government of Bihar since 1977. Pursuant to the order dated 11-3-1996 passed by this Court in C.W.J.C. No. 1617 of 19% and other connected writ applications and the said order after being confirmed by the Supreme Court by a judgment dated 16-3-19% in SLP/Civil 5911 of 19%, the CBI/SPE took over about 47 cases from Bihar Police which were registered under various Police Stations of different districts in the State of Bihar on the allegation of fraudulent withdrawal of huge sum of money from the Government treasuries. Apart from taking over investigation in those 47 cases, the CBI also registered some new cases. The petitioner has been made as one of the accused in many of such cases.