BRAJ BHUSHAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed the present application for a direction to the Special Court (C.B.I, cases) not to remand the petitioner in several cases enumerated in the petition as, according to the petitioner, allegations made in those cases, are the subject matter of investigation in Special Case No.43 of 1996, in which the petitioner has already been remanded and released on bail. In other words, it is the assertion of the petitioner that Special Case No.43 of 1996 contains the entire allegation against him and the allegations in other cases are fragmented or broken parts of the allegation made in the said case and the successive remands in other cases will amount to putting him behind the bar with regard to the same very allegation for which he has already been remanded and released on bail and as such the remand of the petitioner in other cases would be arbitrary and impermissible in law.

(2.) THE petitioner was posted as a Budget and Accounts Officer in the Directorate of Animal Husbandry, Government of Bihar, from 16.8.1991 to 31.1.1996. He has now superannuated from service. A huge sum of money was systematically misappropriated by falsification of accounts and forging of documents in the Animal Husbandry Department, Government of Bihar. The matter was highlighted in news -papers. The F.I.Rs. were registered by the State Police to investigate the matter. Leaders of the Political Parties and other Public spirited persons and organizations approached this court for a direction to the C.B.I, to investigate the aforesaid cases of excess expendi -tures/drawals and misappropriation of public money. This court in the case of Sushil Kumar Modi V/s. State of Bihar, reported in 1996(1) P.L.J.R. 561 directed the C.B.I, to enquire all cases of excess drawals and expenditures in the Department of Animal Husbandry during the period 1977 -78 to 1995 -96 and lodge cases where the withdrawals were found to be fraudulent in character and take the investigation to its logical end within the period specified therein. This court suspended the investigation in the cases instituted by the State Police.

(3.) IN pursuance of the aforesaid directions of the apex court, in respect of 40 cases, which were registered by the State Police, the C.B.I, registered separate cases. Apart from the aforesaid cases, some more cases have also been registered by the C.B.I, and it was stated at the bar that at present about 45 cases have been registered by the C.B.I. with regard to the scam in the Animal Husbandry Department. Raj Kumar Ram Versus State Of Bihar