- (1.) These two special leave petitions are filed, one by Laloo Prasad Yadav and the other by Jagannath Mishra (both were Chief Ministers of the State of Bihar during different periods) and they are now accused in RC No. 47-A of 1997. This is one of the cases connected with "Bihar Fodder Scam". They now challenge the orders passed by the Special Court, Ranchi refusing bail to them. In this case both the petitioners surrendered before the Special Court on 26-11-2001 and they continue in detention.
(2.) When these petitions were taken up Shri Mukul Rohatgi, learned Additional Solicitor-General raised a preliminary objection that the petitioners must first approach the High Court of Ranchi in challenge of the impugned orders before approaching this Court with the special leave petition. Shri Kapil Sibal, learned Senior Counsel appearing for Laloo Prasad Yadav submitted that in view of the special circumstances of this case this Court may be pleased to entertain the special leave petition even though the petitioner has not approached the High Court first. The circumstances are these: These petitioners are involved as accused in six cases, all connected with Bihar Fodder Scam. The conspiracy alleged in respect of all these cases was the same. Laloo Prasad Yadav was arrested on 30-7-1997 in connection with RC No. 20-A of 1997 which is one of the offshoots of the same conspiracy. Similarly he was arrested in connection with RC No. 64-A of 1997 on 28-10-1998. This Court had granted bail to him in the latter case on 7-1-1999 on certain conditions and he is abiding by those conditions till now. Altogether he has already undergone pre-trial detention for nearly nine months by now. If he has to go to the High Court in challenge of the impugned order all that would ensue as a consequence is prolongation of his detention because the basic order of bail granted by this Court on 7-1-1999 can justifiably be applied to him in the present case also. Learned counsel submitted one more aspect for permitting the petitioner to approach this Court directly without approaching the High Court. Special Leave Petition (Criminal) No. 6365 of 2001 was filed by him in challenge of an order passed by the Patna High Court in respect of some of the cases connected with Bihar Fodder Scam (one of such cases is RC No. 47-A of 1997) and this Court has stayed the arrest of Laloo Prasad Yadav and Jagannath Mishra until the disposal of that special leave petition. He has moved an interlocutory application in the said special leave petition praying that he may be granted bail in RC No. 47-A of 1997 but the said special leave petition has practically become infructuous when a three-Judge Bench of this Court has ordered that thirty-six cases connected with Bihar Fodder Scam (including RC No. 47-A) stood transferred to the State of Jharkhand pursuant to operation of the provisions of the Bihar States Reorganisation Act. It was in the aforesaid context that interlocutory application for bail was heard and dismissed by this Court suggesting that they may first surrender before the trial court and apply for bail.
(3.) Shri P.S. Mishra, learned Senior Counsel arguing for Jagannath Mishra submitted that the petitioner had in fact approached the High Court in challenge of the impugned order but he withdrew Bail Application No. 9538 of 2001 (R) on 4-12-2001 for approaching this Court in special leave petition as his position is substantially on a par with the position of Laloo Prasad Yadav.;