JAGANNATH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE petitioners, namely, Dr. Jagannath Mishra, Lalu Prasad @ Lalu Prasad Yadav, Ravindra Kumar Rana and Vidya Sagar Nishad have moved this Court for grant of bail in connection with Case No. R.C. 64A/96 (Special Case No. 65 of 1996) registered under sections 120B, 418, 420, 467, 468, 471, 477, 201 and 511 of the Indian Penal Code and section 13 (2) read with section 13(1)(d) & (e) of the Prevention of Corruption Act, 1988.

(2.) HAVE heard Mr. R.K. Jain, learned Senior Counsel appearing on behalf of the petitioner in Cr. Misc. No. 23233 of 1998, Mr. Rajendra Singh, Learned Senior Counsel appearing on behalf of the petitioner in Cr. Misc. No. 23363 of 1998, learned Senior Counsel, Mr. Shakeel Ahmad Khan, appearing on behalf of the petitioner in Cr. Misc. No. 23252 of 1998, and the petitioner in Cr. Misc. No. 23595 of 1998 and Mr. Rakesh Kumar, learned P.P. for the C.B.l.

(3.) THIS case relates to fodder scam in the Animal Husbandry Department, Government of Bihar. The brief history of the initiation of criminal cases, as has been narrated by the Special Judge, C.B.l., Patna, in his order dated 30.10.1998, is that sometime in the year 1996 the officials of the State of Bihar on the orders of one of the petitioners, namely Lalu Prasad, holding the office of the Chief Minister lodged about 41 cases against drawing and disbursing officer wise relating to the fraudulent activities in the Animal Husbandry Department (A.H.D) in various districts in the State of Bihar. It appears that subsequently the matter came up before this Court in C.W.J.C. No. 1656 of 1996 (R) and its analogous case and this Court directed the C.B.l. to investigate and scrutinise all cases of excess withdrawal and expenditure in thfe A.H.D. in the State of Bihar during the period 1977 -78 till 1995 -96. A further direction was given to lodge cases where withdrawal was found to be fraudulent and take up investigation in those cases and during that period the investigation by the State police was suspended. Against the said order passed by this Court, the State of Bihar moved the Hon 'ble Supreme Court and the Hon 'ble Supreme Court modified the order passed by this Court to the extent that the entire investigation now stands entrusted to the C.B.I. and C.B.l. was directed to take over the investigation already made by the State police inclusive of the F.I.R., arrests and attachments and deal appropriately therewith. Accordingly, all the cases pending investigation by the State police were taken over by the C.B.I. The C.B.I. also instituted some more cases for excess withdrawal of money from the treasuries of different districts. The present case had, accordingly, been registered by the C.B.I. being Case No. R.C. 64A/96 on 15.8.1996 with the allegations that the accused persons named in the F.I.R. and others during the period of 1990 -94 committed criminal misconduct and entered into criminal conspiracy in between themselves in pursuance whereof they cheated the Government of Bihar to the tune of more than Rs. 95 lakhs inspite of having allotment of meagre amount.