VII-Cum-Special Judge (AHD), CBI-I, Ranchi Ranchi, Dated 2

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VII-Cum-Special Judge (AHD), CBI-I, Ranchi Ranchi, Dated 2 1 District- Ranchi In the Court of Additional Judicial Commissioner- VII-cum-Special Judge (AHD), C.B.I.-I, Ranchi Ranchi, dated 24th day of January, 2018 Present:- Swarn Shanker Prasad, Addl. Judl. Commissioner VII -cum-Special Judge (AHD), CBI-I, Ranchi. R.C. Case No. 68(A)/ 19 96 State (through CBI) ........... Prosecution Versus 1. Lalu Prasad @ Lalu Prasad Yadav, S/o late Kundan Rai, the then Chief Minister & Finance Minister, Govt. of Bihar 2. Dr. Jagarnath Mishra, S/o late Ravi Nandan Mishra, Member of Parliament 3. Jagdish Sharma, S/o late Kanta Sharma, the then Chairman, Public Accounts Committee, Bihar Vidhan Sabha, Patna 4. Dhruv Bhagat, S/o late Nathuni Prasad, Member of Bihar Legislative Assembly. 5. Vidya Sagar Nishad, S/o late Darwari Prasad Mandal, Minister of Labour Govt. of Bihar, Patna 6. Dr. Ravindra Kumar Rana, S/o late Ganesh Prasad Yadav, MLA, Rashtriya Janta Dal 7. Phool Chand Singh, S/o Ram Bali Singh, Development Commissioner (Retd.) 8. Mahesh Prasad, S/o late Subodh Nath, Secretary, Science & Technology, Govt. of Bihar, Patna 9. Sajal Chakraborty, S/o late C.R. Chakraborty, the then Dy. Commissioner. 10.Dr. Ram Prakash Ram, S/o Jag Narain Prasad, the then DAHO, R.C. Case No. 68(A)/1996 2 Chaibasa. 11.Silas Tirkey, S/o Marcus Tirkey, Treasury Officer, Chaibasa. 12.Dr. Arjun Sharma, S/o Ram Sewak Sharma, Asstt. Poultry Officer, Chaibasa. 13.Dr. Mukesh Kumar Srivastava, S/o Sri Bipin Bihar Srivastava, Asstt. Poultry Officer, Chaibasa. 14.Dr. Braj Nandan Sharma, S/o late Satyana Narayan Thakur, DAHO, Ranchi 15.Sunil Kumar Sinha, S/o Sri Basishta Narain Prasad Sinha, Proprietor of M/s Shree Baba Chemicals, Patna. 16.Bimal Kumar Agarwal, S/o Mahdo Prasad Agarwal, Proprietor of M/s Roop Supply Co., Ranchi. 17.Harish Kumar, S/o Sri Monoharlal, Partner of M/s Asian Breeders, Palam Village, New Delhi. 18.Smt. Madhu Mehta, W/o Sri Rajan Mehta, Partner of M/s Asian Breeders, Palam Village, New Delhi. 19. Mohindra Singh Bedi, S/o Sri Ujagar Singh Bedi, Proprietor of M/s Semex Cryogenics, New Delhi. 20.Dr. A.K. Verma, S/o Bipin Bihari Verma, Proprietor of M/s Little Oak Pharmaceuticals, Kolkata. 21.Smt. Seema Kumar, W/o Sri Sharad Kumar, Partner of M/s Q-Max Lab, Nasik. 22.Ravi Sinha, S/o late Dr. Shayam Bihari Sinha, Director of M/s Agnil Medichem (india) Pvt. Ltd., Ranchi. 23.Smt. Bimla Sharma, W/o late Harish Khandelwal, Partner of M/s A.B. Sales, Ranchi. 24.Sudeo Rana, S/o Rana Prithvi Nath Sharma, Partner of M/s Swarna Rekha Medical Agency, Ranchi. 25. Subhasish Deb, S/o Sri Dinesh Ranjan Deb, Proprietor of M/s Shree Ram Enterprises, Jamshedpur. 26.Smt. Chanchala Sinha, W/o Sri Ravindra Prasad, Proprietor of M/s Magdh Chemical Corporation, Patna. 27.Devendra Kumar Roy, S/o Sri Laxmi Roy, Proprietor M/s Swastik Drug Agency, Jamshedpur. R.C. Case No. 68(A)/1996 3 28.Prakash Kumar Lal, S/o Sri Rajendra Kumar Lal, Proprietor of M/s Medicine House, Bhagalpur. 29.Samir Walia, S/o late Saranjeet Singh Walia, Proprietor of M/s Care & Cure, Ranchi. 30.Bijayaeshwari Prasad Sinha, S/o late Akhori Basant Kumar Lal, Partner of M/s Ekta Veterinary Works, Ranchi. 31.Ramautar Sharma, S/o Murarilal sharma, Proprietor of M/s Tirupati Agency, Patna. 32.Jyoti Kumar Jha, S/o Nan Kishor Jha, M/s Seva Medical Agency, Godda. 33.Sidharth Kumar, S/o Sri Gori Shankar Prasad, Partner of M/s Birsa Live Stock Feed & Additives, Ranchi. 34.Mrs. Anita Prasad, D/o late Suraj Dev Narayan Prasad Sinha, Partner of M/s Medivet & Partner of M/s Birsa Live Stock Feed and Additives, Ranchi. 35. Smt. Nirmala Prasad, W/o Dr. Gouri Shankar Prasad, Partner of M/s Medivet, Ranchi and M/s Birsa Live Stock Feeds & Additives. 36.Sharad Kumar, S/o Sri Gouri Shankar Prasad, Partner of M/s Medivet & Partner of M/s Q-Max. 37.Srinath Singh, S/o late Chandradeep Singh, Proprietor of M/s S.N. Singh & Brothers. 38.Ram Nandan Singh, S/o late Madhu Sudhan Singh, Proprietor of M/s Agrovate Sales & Services, Ranchi. 39.Dayanand Prasad Kashyap, S/o late Naresh Sahu, Partner of M/s Baishnow Enterprises, Ranchi. 40.Md. Zahid Hussain, S/o Md. Kamaluddin Hussain, Proprietor of M/s Bihar Cattle Food Agency, Muzzafarpur. 41.Ravi Kumar Sinha, @ Ravinandan Sinha, S/o Sri Gourangeshwar Pd. Singh, Proprietor of M/s A. Traders, Patna. 42.Sanjay Sinha, S/o Dr. N.P. Sinha, Proprietor of M/s Sanjay Sinha, Hinoo Main Road, Ranchi. 43. Jag Mohan Lal Kakkar, S/o late Hari Ram Kakkar, Partner of M/s Navketan Enterprises, Ranchi. 44.Rajesh Mehra, S/o Sri Satyendra Kumar Mehra, Partner of M/s R.C. Case No. 68(A)/1996 4 Veekey Commercial, Ranchi. 45.Mahendra Kumar Kundan, S/o Sri Dhani Ram Kundan, Proprietor of M/s Krishna Traders, Ranchi. 46.Vijay Kumar Mallick, S/o late Inderlal Mallick, Proprietor of M/s Mallick Enterprises, Delhi. 47.Umesh Dubey, S/o late Kalhat Dubey, Proprietor of M/s Jai Bhandar, Aurangabad. 48.Satendera Kumar Mehra, S/o late Trilok Nath Mehara, Proprietor of M/s Satendra Construction Company, Ranchi. 49.Suresh Dubey, S/o late Kalhat Dubey, Shivaji Path, Patna. 50.Sushil Kumar, S/o Bashist Narain Sinha, Proprietor M/s Bihar Surgico & Partner of M/s Manas Sales Corporation, Patna. 51.Dr. Tripurari Mohan Prasad, S/o Bashist Narain Sinha, Proprietor M/s Bihar Surgico & Partner of M/s Manas Sales Corporation, Patna. 52.Md. Ekram, S/o Md. Adbul Rau, Partner of M/s Chhotanagpur Cattle Food Supply Company, Ranchi. 53.Md. Hussain, S/o Md. Adbul Rauf, Partner of M/s Chhotanagpur Cattle Food Supply Company, Ranchi. 54.Md. Sayeed, S/o Md. Adbul Rauf, Partner of M/s Chhotanagpur Cattle Food Supply Company, Ranchi. 55.Dr. Krishna Mohan Prasad, S/o late Maheshwari Prasad, Assistant Director (Planning), AHD. 56.Dr. Kirti Narayan Jha, S/o late Dhaneshwar Jha, Retired Regional Director, Sought Chhotanagpur Range, AHD, Ranchi. ........... Accused persons U/s- 120-B/420/467/468/471/409/477(A) IPC. R/w section 13(1)(c) & (d) 13(2) of the P.C. Act Counsel for the Prosecution :- Sri B.M.P.. Singh, Spl. P.P., CBI, Ranchi Counsel for the Defence :- Sri C.K. Sinha, Advocate. Sri Prabhat Kumar, Advocate, Sri Sunil Kumar Sinha, Advocate Sri Akhilesh Kumar, Advocate R.C. Case No. 68(A)/1996 5 Sri Avinash Kumar Sinha, Advocate Sri Sanjeev Kumar Chandra, Advocate Sri Raj Kumar Sahay, Advocate Sri B.B. Roy, Advocate Sri N.K. Tiwary, Advocate Sri R.K. Jha, Advocate JUDGMENT 1. The accused persons named above have been facing trial for the offence punishable U/s 120-B r/w Section 409, 420, 467, 468, 471, 477-A of the Indian Penal Code r/w Section 13(2) 13(1)(c) & (d) of the Prevention of Corruption Act, 1988. Besides that the accused persons have been separately charged specifying their role and involvement in the scam. 2. The prosecution case, in brief, is that nine writ petitions were filed in public interest by individual and organizations seeking direction to C.B.I. inquiry and investigation of Fodder Scam Cases of Bihar. The Hon'ble High Court, Patna passed direction on 11.03.1996 - “I would, accordingly, direct the Central Bureau of Investigation through its Director to enquire and scrutinize all cases of excess drawls and expenditure in the department of Animal Husbandry in the State of Bihar during the period 1977-1978 to 1995-1996 and lodge cases where the drawals are found to be fraudulent in character and take the investigation in those cases to its logical end as early as possible preferably, within four months. The investigation by the State Police in cases already instituted shall remain suspended in the mean time”. “I would also direct the Income Tax Department through the Chief Commissioner of Income Tax …....... possess unaccountable wealth and property and take the proceedings to their logical conclusions. The State Government shall provide all necessary facility to both the C.B.I. and the Income Tax Department in discharge of their duties pursuant to this order”. The aforesaid order of the Hon'ble High Court, Patna was challenged by the State Government of Bihar vide Civil Appeal No. 5177/1996. The Hon'ble Supreme Court upheld the order of Hon'ble Patna High Court with modification, reads as, “there is no gain saying that all persons involved in R.C. Case No. 68(A)/1996 6 these offences need to be identified. Not only all the aforementioned persons but also all other persons involved need to be dealt with according to law. This modification shall be made”. C.B.I. lodged the present case as per direction of Hon'ble Supreme Court on 21.08.1996 U/s 120-B/420/467/468/477-A IPC r/w section 13(1)(d) of P.C. Act, 1988 on the basis of source information. After that several directions were given by order of the Hon'ble High Court, Patna and Hon'ble Supreme Court such as Civil Appeal No. 5178-83 of 1996, C.W.J.C. No. 1617 of 1996, petition for S.L.P. to Appeal No. 3802/1998. The brief allegation is that Dr. Pandey C.P. Sharma, the then District Animal Husbandry Officer, Chaibasa in criminal conspiracy with Dr. M.K.
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