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Fodder Scam-Bihar Judgement

Fodder Scam-Bihar Judgement

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Published by Sampath Bulusu

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Published by: Sampath Bulusu on Jun 22, 2010
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01/15/2013

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District: Ranchi Dated, the 8th June, 2007
IN THE COURT OF XTH ADDITIONAL JUDICIAL COMMISSIONER-CUM-IIIRD SPECIAL JUDGE, C.B.I. (A.H.D. SCAM CASES), RANCHI
R.C. CASE NO. 77(A )OF 1996
S T A T EVersus1. Dr. Ajeet Kumar Sinha(62)2. Brajesh Kumar Sinha (31)3. Rajesh Kumar Sinha (36)4. Braj Bhushan Prasad (70)5. Sushil Kumar (37)6. Bhanukar Dubey (63)7. Tripurari Mohan Prasad (54)8. Mahendra Prasad ( 48)9. Naresh Prasad (42)10.Bal Krishna Dubey(61)11.Girish Kumar Sinha (56)12.Dr. Om Prakash Diwakar (57)13.Rakesh Kumar Sinha (53)………………………Accused personsOn behalf of Prosecution: - Shri Shiv Kumar, Special P.P. for C.B.I.On behalf of Defence :-1. Shri Akhilesh Prasad, Advocate(For accused no. 1to 3)2. Shri N.N. Tiwary, Advocate(For accused no. 4 & 8)
 
3. ShriR.K.Sahay, Advocate(For accused no. 5, 7& 13)4. Shri Panduranga Basudev, Advocate(For accused no.6)5. Shri Vishnu Sharma, Advocate(For accused no. 9) 
6.
ShriSanjay Kumar, Advocate(For accused no. 10 & 12 )7. Shri Sunil Kumar, Advocate(For accused no. 11)P R E S E N T: - Shri Manoranjan Kavi,Xth Addl. Judicial Commissioner-cum-IIIrd Special Judge, C.B.I. (AHD Scam cases)Ranchi
J U D G M E N T.
Against the accused persons namely ; Dr. Shyam Bihari Sinha(Since deceased) Dr. Ajeet Kumar Sinha, Brajesh Kumar Sinha,Rajesh Kumar Sinha, Braj Bhushan Prasad, Sushil Kumar, BhanukarDubey, Tripurari Mohan Prasad, Mahendra Prasad, Naresh Prasad,Bal Ksirhna Dubey, Girish Kumar Sinha, Dr. Om Prakash Diwakar,Laxmikant Das,Rakesh Kumar Sinha and Sushil Kumar Jha a FIR was
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lodged for the offences u/s 120B read with sections420/467/468/471, and 511 of the Indian Penal Code and section 13(2)read with 13(1) ( c) &(d) of Prevention of Corruption Act, 1988 onthe basis of the F.I.R. instituted by the C.B.I. in compliance to theorder passed by the Hon’ble Patna High Court in its order dated11.03.96 passed inC.W.J.C.Nos.1617/96,1642/96,1644/96,1656/96,459/96
®
,541/96
®
,602/96
®
,675/96
®
.and 687/96
®
and the Hon’ble Supreme Court of India in his order dt 19.03.96.in Special Leave (Civil) No 5811/96 andregistered this R.C. Case No. 77(A)/96 Pat.2. .As a matter of fact, in course of investigation of RC 33A/96Pat and RC 34/96 Pat, it has come to the light that during Sept 94 toOct 95 the above referred accused person in connivance with eachother fraudulently and dishonestly defrauded the AHD and Govt. of Bihar to the extent of Rs 56,94,060/- on the basis of fake andfabricated allotment letters purportedly issued by the AHD Patnashowing the fake purchase of the medicines on the basis of the same.The Central Bureau of Investigation took up the investigation of thiscase. Before submission of the charge sheet accused Dr. Shyam BihariSinha died and the case was dropped against him by order dated16/11/99.3. The case of the prosecution, in brief, as per the F.I.R. isthat all the accused persons as aforesaid and others in conspiracyduring the period September 1994 to October 1995 fraudulently anddishonestly defraud the Animal Husbandry Department and Govt. of Bihar to the extent of Rs. 56, 94,060/- on the basis of fake andfabricated allotment letters purportedly issued by the Animal
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