- (1.) BY invoking extraordinary jurisdiction of this Court entire criminal 25/ 17 .5.13. Proceedings of six cases, R.C.No.20(A) of 1996, R.C.No.33(A) of 1996, R.C No.38(A) of 1996, R.C.No.47(A) of 1996, R.C.No.64(A) of 1996 and R.C. No.68(A) of 1996 have been sought to be quashed on account of the prosecution of the petitioner in those cases is hit by Section 300 of the Code of Criminal Procedure as the petitioner has already been convicted on similar charges in R.C.No.22(A) of 1996.
(2.) THE facts leading to filing of this case are that in the year 1996 when it was detected that officials and staffs of Animal Husbandry Department in connivance with other accused persons including high ups in the administration have facilitated withdrawal of money fraudulently from different Treasuries of the erstwhile State of Bihar putting State exchequer to a great loss, 64 cases known as Fodder Scam cases were instituted at different places of the erstwhile State of Bihar. Out of those cases, seven cases as e.g. R.C.No.33(A) of 1996, R.C.No.38(A) of 1996, R.C. No.47(A) of 1996, R.C.No.64(A) of 1996, R.C.No.68(A) of 1996, R.C.No.20(A) of 1996 and R.C. No.22(A) of 1996 relate to fraudulent withdrawal from Godda, Dumka,Doranda, Deoghar and Chaibasa Treasuries. Those cases were registered under Sections 409, 420, 467, 468, 471, 477, 477A, 201, 511 read with Section 120B of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(c) (d) of the Prevention of Corruption Act. In one of the cases, i.e, in R.C. No.22(A) of 1996, the petitioner has been convicted for the offences punishable under Section 120B read with Sections 420, 467, 468, 471 of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act on the charges being proved that the appellant being member of the Legislative Assembly had close association with the then Chief Minister and taking advantage of that position, the appellant extended patronage to the high officials of the Department of Animal Husbandry and also the suppliers and thereby he received Rs.50 crore from them and facilitated the suppliers to draw money fraudulently from Godda Treasury without supplying medicine or material to the Department. According to the petitioner, on the same charges the petitioner has been put to trial in following six cases. These cases relate to illegal withdrawal from Godda, Deoghar, Doranda, Dumka and Chaibasa Treasuries and the period during which illegal withdrawal was made is as follows: 1.R.C.No.38(A) of 1996 -- for the period 1995 relates to Chaibasa Trasury 2.R.C.No.33(A) of 1996 -- for the period from November,95 to January, 1996 relates to Godda Treasury 3.R.C.No.47(A) of 1996 -- for the period from 1990-91 to 1995-96 relates to Doranda Treasury 4. R.C.No.64(A) of 1996 ­ for the period from 1995-96 relates to Deoghar Treasury 5. R.C.No.20(A) of 1996 ­ for the period from 1994-95 relates to Chaibasa Treasury 6.R.C.No.68(A) of 1996 -- for the period from 1992-93 relates to Chaibasa Treasury
(3.) IN all those cases, charge sheets were submitted against the petitioner by imputing charges that this petitioner had had close nexus with the then Chief Minister Lalu Prasad and taking advantage of that he patronized/protected S.B.Sinha, kingpin of the scam and other co- accused and thereby facilitated withdrawal of Government money fraudulently from different Treasuries and in lieu of that, he received illegal gratification for himself as well as other co-accused, Lalu Prasad, the then Chief Minister. The withdrawal of huge money was shown to have been made for making payment to the suppliers for supply of materials such as medicine fodder etc. but in fact, materials were either not supplied or supplied but not in full.;