- (1.) By invoking extraordinary jurisdiction of this Court, entire criminal proceedings of four cases, R.C. Case No. 64(A)/1996, R.C. Case No. 47(A)/1996, R.C. Case No. 68(A)/1996 and R.C. Case No. 38(A)/ 1996, have been sought to be quashed on the ground that the prosecution in these cases would be barred by Section 300 of the Code of Criminal Procedure as the petitioner has already been convicted for the same offence in R.C. Case No. 20(A)/1996.
(2.) The facts leading to the filing of this case are that in the year 1996, when it was detected that the Officials and Staff of Animal Husbandry Department in connivance with other accused persons including high ups in the administration, have been facilitating withdrawal of money from different Treasuries of the erstwhile State of Bihar fraudulently putting the State exchequer to a great loss, 64 cases known as Fodder Scam Cases were instituted at different places of the State of Bihar. After bifurcation of the State, most of the cases including the aforesaid four cases were transferred to the State of Jharkhand. The aforesaid four cases and also R.C. Case No. 20(A)/1996, relating to fraudulent withdrawal from Chaibasa, Deoghar, Doranda and Dumka Treasuries, have been 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. The period for which the aforesaid four cases and also R.C. Case No. 20(A)/1996, were registered is being shown herein below:- (a) R.C. Case No. 20(A)/1996- for the period from 01/04/ 1994 to 31/01/1995, relates to Chaibasa Treasury. (b) R.C. Case No. 64(A)/1996- for the period from 1990- 1994 relates to Deoghar Treasury. (c) R.C. Case No. 47(A)/1996- for the period from 1990-91 to 1995-96, relates to Doranda Treasury. (d) R.C. Case No. 68(A)/1996- for the period from 10/04/ 1992 to 31/03/1993, relates to Chaibasa Treasury. (e) R.C. Case No. 38(A)/1996- for the period from 1995 to January, 1996, related to Dumka Treasure.
(3.) All the aforesaid cases were lodged on the allegation that the accused persons-officials and staff of the the Department of Anumal Husbandry, Bihar, in connivance with the suppliers did illegal acts and created forged allotment letters, false supply orders and the bills, upon which false certificate of receiving the materials were given, on the basis of which false contingent bills were submitted and to justify fraudulent purchase, the falsification of the documents were made and on the basis of which huge money was withdrawn from different Treasuries, which was beyond allocation of the fund, knowledge of which was there to high officials but they did not do anything purposely to facilitate the other co-accused to withdraw the money fraudulently and not only that they did such acts to protect them so that they may not be prosecuted. After investigation, charge sheets were submitted in all the aforesaid four cases including R.C. Case No. 20(A)/1996, against the accused persons including the petitioner, who was not the FIR named accused. Upon cognizance being taken, charges were framed in the aforesaid four cases including R.C. Case No. 20(A)/1996, 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. The charges, which were framed in R.C. Case No. 20(A)/1996, against the petitioner and other accused persons are that all the accused persons in conspiracy with each other, did act illegally whereby false allotment letters, false supply orders, bills upon which false certificate of receiving the materials were given and then false contingent bills were prepared upon which a sum of Rs. 37,70,39743/- were drawn illegally from Chaibasa Treasury and that the accused persons did that after getting protection from the high ups including petitioner, who was the Chief Minister of the State of Bihar from 06/12/1989 to 10/03/1990, Leader of Opposition, Bihar Legislative Assembly during 30/03/1990 to 16/03/1994 and Member of Rajya Sabha during the period from 01/04/1994 to 02/04/2000. Further the petitioner was charged with the accusation that while holding the aforesaid posts, the petitioner, who had knowledge of illegal withdrawal, did write letter to the then Chief Minister Laloo Prasad by abusing his office for confining the inquiry, which was being made by the Vigilance Bureau to the Members of the Central Purchase Committee only and not against the officials of AHD and others and then he made recommendation for extending the services of Dr. S.B.sinha, the prime accuse in all the fodder scam cases for two years and the he had had close nexus with the other coaccused, who, in conspiracy with other accused persons, did draw the money illegally from the Treasuries.;