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1 D I S T R I C T : R A N C H I --1 R.C Case No. 38(A) / Pat In the Court of A.J.C-I-cum Spl. Judge -VII, CBI (AHD Scam), RANCHI Present:- Shiv Pal Singh A.J.C-I-cum Spl. Judge -VII, CBI (AHD Scam), Ranchi Place - Ranchi dated: 19 th day of March, 2018 R.C. Case No. 38 (A) / Pat STATE (through C.B.I )..Prosecution Versus 1. Adhip Chandra Chaudhary, S/o- Late Narayan Chandra Chaudhary, aged about 74 Years, R/o- AC /149, Salt lake City, P.S Bidhan Nagar North, District North 24 Pargana (West Bengal), (Retired ). 2. Ajeet Kumar Verma, S/o- Late Bipin Bihari Verma, aged about 75 Years, R/o- 17M/1 Powerterres, Kolkatta, P.S Garia hat, District South 24 Pargana, Kolkatta. (Business). 3. Arun Kumar Singh, S/o- Late Yugal Kishore Singh, aged about 53 Years, R/o- Bhattacharya Colony, Deoghar, P.S. - Deoghar, District Deoghar (Teacher in Private ). 4. Beck Julius, S/o- Late Saiman Beck, aged about 75 Years, R/o- 1662B/2 Ashok Nagar, Harmu, Ranchi P.S.- Argora, District Ranchi. (Retired I.A.S) 5. Benu Jha, W/o- Sri Vinod Kumar Jha, aged about 50 Years, R/o- Maheshpur, P.S Basant Rai, District Godda. (House Wife). 6. Bimal Kant Das, S/o- Late Jitendra Nath Das, aged about 74 Years, R/o- Dakhram, P.S. - Bahera, District Darbhanga, Present Address :- Lokaha, P.S Lokaha, District Madhubani. (Retired T.V.O ) 7. Dhruv Bhagat, S/o- Late Nathuni Bhagat, aged about 66

2 --2 R.C Case No. 38(A) / Pat Years, R/o- 108 Bhartiya Colony, Sahebganj, P.S Sahebganj, District Sahebganj. (unemployed). 8. Gopi Nath Das, S/o- Late Birendra Mohan Das, aged about 60 Years R/o- Shree Ram Para, Dumka, P.S. - Dumka, District Dumka (Jharkhand). (Compounder ) 9. Jagannath Mishra, S/o- Late Ravi Nandan Mishra, aged about 82 Years, R/o- 113/77, Post Office Road Shashtri Nagar, P.S Shashtri Nagar, District Patna ( Teaching/Politician). 10. Jagdish Sharma, S/o- Late Kamta Sharma, aged about 68 Years, R/o- Korra, P.S Ghoshi, District Jahanabad (Bihar), Present :- Kankarbag,P.S Kankarbag, District Patna, (Politics & Agriculture). 11. Krishna Kumar Prasad, S/o- Late Nand Kishore Prasad, aged about 63 Years, R/o- Chaudhrain Chak, P.S Bargh, District Patna, Present Address :- Govardhan Dham, P.S. - Deoghar, District Deoghar (Retired Veterinary Doctor). 12. Lal Mohan Prasad, S/o- Late Puneet Prasad, aged about 85 Years, R/o- Rahil, P.S Ekangarsarai, District Nalanda. (Agriculture). 13. Lalu Lalu Prasad Yadav, S/o- Late Kundan Rai, aged about 70 Years, R/o- Phulwaria, P.S. - Phulwaria, District Gopalganj, (Bihar), (Politician). 14. Mahesh Prasad, S/o- Late Shobh Nath, aged about 76 Years, R/o- 24 I.A.S Colony, Kidwaipuri, P.S Kotwali, District Patna.(Retired I.A.S). 15. Manoranjan Prasad, S/o- Late Braj Kumar Prasad, aged about 73 Years, R/o- 180 Manasmarg, P.S Patliputra, District Patna 13. (Retired from AHD). 16. Mehar Chandra Subarno, S/o- Late Kailash Chandra Subarno, aged about 85 Years, R/o- Road No. 5 Ashok Nagar, Ranchi, P.S Argora, District Ranchi. (Retired from service). 17. Mohindar Singh Bedi, S/o- Sri Ujagar Singh Bedi, R/o- Kohart Enclave, Peetampur, P.S. - Peetampur, District

3 --3 R.C Case No. 38(A) / Pat New Delhi. (Business). 18. Nand Kishore Prasad, S/o- Late Saryug Rai, aged about 65 Years, R/o- Mohanpur, P.S Karakat, District Rohtash. (Retired from A.H.D). 19. Naresh Prasad, S/o- Sri Chetavan Prasad, aged about 52 Years, R/o- Machhua Toli, P.S Kadamkuan, District Patna 4. (Poultry business). 20. Om Prakash Diwakar, S/o- Late Mudrika Ram, aged about 68 Years, R/o- New bypass road Harmu Chak P.S Beur, District Patna. (Retired from A.H.D). 21. Pankaj Mohan Bhui, S/o- Late Pashupati Bhui, aged about 77 Years, R/o- Haripur, P.S Jarmundi, District Dumka. (Retired Accountant in Office of R.D (A.H.D), Dumka. 22. Phool Chand Singh, S/o- Late Rambali Singh, aged about 79 Years, R/o- Adarsh Colony, P.S Shashtri Nagar, District Patna (Retired I.A.S). 23. Pitamber Jha, S/o- Late Ram Sunder Jha, aged about 51 Years, R/o- Rajput Mohalla, P.S Giridih (Town), District Giridih. (Suspended Doctor). 24. Radha Mohan Mandal, S/o- Late Chhedi Mandal, aged about 67 Years, R/o- Bakharpur, P.S Peerpaiti, District Bhagalpur, Present Address :- Shanti Nagar, P.S Jiruabari, District Sahebganj. (Retired from AHD). 25. Raj Kumar Raja Ram Joshi, S/o- Late Ram Kisun Joshi, aged about 61 Years, R/o- Bara Plasi, P.S Jama, District Dumka (Agriculture). 26. Raghu Nandan Prasad, S/o- Late Ram Chandra Mahto, aged about 70 Years, R/o- Hutu Chak, P.S Barbigha, District Shekhpura, Present Address :- Adivasi Colony, Guljarbag, Patna. (Retired from AHD). 27. Rajendra Kumar Bagaria, S/o- Sri Satya Narain Bagaria, aged about 43 Years, R/o- Harin Danga Bazar, P.S Pakur, District Pakur (Private Service) 28. Ravindra Kumar Rana, S/o- Late Ganesh Prasad Yadav, aged about 70 Years, R/o- Narayanpur, P.S Bhawany

4 --4 R.C Case No. 38(A) / Pat (Vishpur), District Bhagalpur (Bihar), (Social Worker, Agriculture & Politics) 29. Shardendu Kumar Das, S/o- Late Dhirendra Kumar Das, aged about 68 Years, R/o- Grand State, P.S. - Dumka Town, District Dumka. (Retired from Treasury, Dumka). 30. Saraswati Chandra, W/o- Sri Mahendra Prasad, aged about 50 Years, R/o- Rahil, P.S Ekangarsarai, District Nalanda (Bihar) (House Wife). 31. Vidya Sagar Nishad, S/o- Late Darwari Nishad, aged about 86 Years, R/o- Kusari, P.S Gogari, District Khagaria (Bihar), (Retired Politician). Accused Persons Charged : 120B, r/w 409, 420, 467, 468, 471 & 477-A of I.P.C and Section 13 (2) r/w section 13 (1)(c) & (d) of Prevention of Corruption Act, Counsel for the C.B.I :- Sri Rakesh Prasad & Others...(Ld. Sr. P.P.) 1.Counsel for the Accused Nos.1,4,5,8,16 & 24:- Mr. Sanjeev Chandra 2. Counsel for the Accused Nos. 2, 12, 30 & 31:- Mr. N.N. Tiwary, 3. Counsel for the Accused No. 3 :- Mr. Bharat Mahto, 4. Counsel for the Accused Nos. 6,14,18,20,21,26,29 :- Mr. Sanjay Kumar, 5. Counsel for the Accused No.7 :- Mr. Anil Kanth, 6. Counsel for the Accused No. 10 :- Mr. B.B. Rai, 7. Counsel for the Accused No. 9 :- Mr. Rakesh Kumar Jha, 8. Counsel for the Accused No. 11 :- Mr. Anil Kumar Singh, 9. Counsel for the Accused No.13 : - Mr. Chitranjan Sinha & Mr. Prabhat Kumar, 10.Counsel for the Accused Nos. 15, 17 & 23 :- Mr. Akhileshwar Prasad, 11.Counsel for the Accused No. 19 :- Mr. Vishnu Sharma, 12.Counsel for the Accused No. 22 :- Mr. Raj Kumar Sahay, 13. Counsel for the Accused No. 27 :- Mr. K.P. Sharma, 14.Counsel for the Accused No. 28 :- Mr. Prabhat Kumar, 15.Counsel for the Accused No. 25 :- Mr. Ajay Mishra,

5 --5 R.C Case No. 38(A) / Pat Judgment 1. That is on alleged charge framed U/s- 420 of I.P.C and punishable U/s- 13(2) r/w 13 (1) (c) & (d) of P.C Act, 1988 separately against accused persons namely (1). Adhip Chandra Chaudhary, (2). Beck Julius, (3). Dhruv Bhagat, (4). Jagannath Mishra, (5). Jagdish Sharma, (6). Lalu Lalu Prasad Yadav, (7). Mahesh Prasad, (8). Mehar Chandra Subarno, (9). Phool Chand Singh, (10). Ravindra Kumar Rana, and (11). Vidya Sagar Nishad which read over and explained in Hindi in detail. Above accused persons pleaded not guilty and claimed to be tried in the court. 2. Further on alleged charges framed U/s- 420, 467, 468, 471 of I.P.C separately against accused persons namely (1).Ajeet Kumar Verma, (2). Arun Kumar Singh, (3). Smt. Benu Jha, (4). Gopi Nath Das, (5). Lal Mohan Prasad, (6). Mohinder Singh Bedi, (7). Naresh Prasad, (8). Raj Kumar Raja Ram Sharma, (9). Rajendra Kumar Bageria and (10). Smt. Saraswati Chandra. Above charge read over and explained in Hindi in detailed from which above accused persons pleaded not guilty and claimed to be tried in the court. 3. Further on alleged charges framed U/s- 420, 467, 468, 471, 477(A) of I.P.C and U/s- 13 (2) r/w section 13 (1)(c) & (d) of P.C. Act separately against accused persons namely (1). Bimal Kant Das, (2). Krishan Kumar Prasad, (3). Manoranjan Prasad, (4). Nand Kishore Prasad, (5). Om Prakash Diwakar, (6). Pankaj Mohan Bhui, (7). Pitamber Jha, (8). Raghunandan Prasad, (9). Radha Mohan Mandal, (10). Shardendu Kumar Das. Above charge read over and explained in Hindi in detailed from which above accused persons pleaded not guilty and claimed to be tried in the court. 4. Further on alleged charges U/s- 120(B) r/w 409, 420, 467, 468, 471, 477(A) of I.P.C and U/s- 13(2) r/w section 13 (1), (c) & (d) of P.C Act framed collectively against accused 1. Adhip Chandra Chaudhary, 2. Ajeet Kumar Verma, 3. Arun Kumar Singh, 4. Beck Julius, 5. Smt. Benu Jha, 6. Bimal Kant Das, 7. Dhruv Bhagat, 8. Gopi Nath Das, 9. Jagannath Mishra, 10. Jagdish Sharma, 11. Krishna Kumar Prasad, 12. Lal Mohan Prasad, 13. Lalu Lalu Prasad Yadav, 14. Mahesh Prasad, 15. Manoranjan Prasad, 16. Mehar Chandra Subarno, 17. Mohindar Singh Bedi, 18. Nand Kishore Prasad, 19. Naresh Prasad, 20. Om Prakash Diwakar, 21. Pankaj Mohan Bhui, 22. Phool Chand Singh, 23. Pitamber Jha, 24. Radha Mohan Mandal, 25. Raj

6 --6 R.C Case No. 38(A) / Pat Kumar Raja Ram Joshi, 26. Raghu Nandan Prasad, 27. Rajendra Kumar Bagaria, 28. Ravindra Kumar Rana, 29. Shardendu Kumar Das, 30. Saraswati Chandra and 31. Vidya Sagar Nishad. Above charge read over and explained in Hindi in detailed from which above accused persons pleaded not guilty and claimed to be tried in the court. 5. That is after submission of charge-sheet two accused persons namely Rameshwar Chaudhary and Dr. Sayeed granted pardon U/s- 306 of Cr.P.C. The criminal proceedings against accused Sripati Narayan Dubey, the then Commissioner, Dumka have been quashed vide order dated passed in W.P. Cr. No. 183/2008 and 14 accused persons namely (1). Brij Bhushan Prasad, the then Budget Officer, (2). Bhola Ram Tufani, the then Minister, (3). Chandra Deo Prasad Verma, the then Minister, (4). Chhathoo Prasad, the then Treasury Officer, (5). Kalika Prasad Sinha, the then Accountant, (6). K. Arumugam, the then Secretary, (7). Mahendra Prasad, the then Proprietor of M/s. B.R. Pharma, (8). Pramod Kumar Jaiswal, the then Proprietor of M/s. Bhagat & Co., (9). Raghvendra Kumar. Das, the then Administrative Officer, (10). Rajendra Singh, the then Veterinary Officer, (11). Ram Raj Ram, the then Director, (12). Satya Narayan Singh, the then Veterinary Officer, (13). Shyam Bihari Sinha, the then Joint Director, and (14). Wasimuddin, the then Veterinary Officer died during trial. Presently only 31 accused persons facing the trial in the court whose name are 1. Adhip Chandra Chaudhary, 2. Ajeet Kumar Verma, 3. Arun Kumar Singh, 4. Beck Julius, 5. Smt. Benu Jha, 6. Bimal Kant Das, 7. Dhruv Bhagat, 8. Gopi Nath Das, 9. Jagannath Mishra, 10. Jagdish Sharma, 11. Krishna Kumar Prasad, 12. Lal Mohan Prasad, 13. Lalu Lalu Prasad Yadav, 14. Mahesh Prasad, 15. Manoranjan Prasad, 16. Mehar Chandra Subarno, 17. Mohendar Singh Bedi, 18. Nand Kishore Prasad, 19. Naresh Prasad, 20. Om Prakash Diwakar, 21. Pankaj Mohan Bhui, 22. Phool Chand Singh, 23. Pitamber Jha, 24. Radha Mohan Mandal, 25. Raj Kumar Raja Ram Joshi, 26. Raghu Nandan Prasad, 27. Rajendra Kumar Bagaria, 28. Ravindra Kumar Rana, 29. Shardendu Kumar Das, 30. Saraswati Chandra and 31. Vidya Sagar Nishad. 6. The brief of case is that informant namely Brij Kishore Pathak, Deputy Collector, Dumka send a written application letter no. 326 /Go. dated to P.S incharge Dumka Town in which written that in the direction of D.C, Dumka, they inspected Regional Director, AHD Office, Dumka relating to irregularity on During inspection it is found that the Regional Director, AHD, Om Prakash Diwakar do not came in office since

7 --7 R.C Case No. 38(A) / Pat many months and Head Clerk Rameshwar Chaudhary also absent since , Accountant Pankaj Mohan Bhui absent since Inspection conducted in the presence of Dr. Parshuram Verma, Assistant Director, AHD, Sri Uday Kumar Singh - Stenographer, Sri Kamla Kishore Dubey Assistant Accountant and Chaukidar, Peon, Nigh-guard also present. Present person narrated that allotment order have brought by Om Prakash Diwakar, Regional Director, AHD from Patna and found that in December 1995 and January 1996 they withdrew in head of medicine Rs. 3,02,18,659/-, head of transporting annual Feed Rs. 55,73,635/- and the head of instrument article Rs. 18,46,559/- withdrawn from Dumka Treasury but any allotment register, Cash book, Store Register was not found in office. Further found that Regional Director, AHD, Dumka in financial year in head 2403 nonplan allotted only Rs. 1,50,000/- for hospital medicines and establishment vide letter 7559 dated but in two months money withdrawn Rs. 3,76,38,853/- illegally. During inspection, it is also found that no any store found in that office. Radha Pharmacy, Dumka paid in December 1995 and January 1996 Rs. 20,45,450/- but in inspection found that no any Radha Pharmacy Dumka have any document in relating to supply. In similar way illegally money withdrawn by the Regional Director, AHD, Dumka which paid in favour of M/s. Laxmi Enterprise, Main Road, Godda in two months December 1995 and January 1996 Rs. 65,47,630/- but during inquiry no such type of firm exist in Godda. The Regional Director, AHD, Dumka illegally withdrew and paid in transportation of annual feed Rs. 55,73,635/- in favour of two transport agency viz Krishna Road Transportation, Pakur and Raj Kumar Sharma Transportation, Asansol. In preliminary inquiry the Truck Number found wrong. Further written that the Regional Director, AHD, Dumka have power to pass bill upto amount Rs. 50,000/- so maximum bill pass between Rs. 49,000/- to 50,000/- and Rs. 5,00,000/- paid through 9 to 10 bills and pray that registered a case against liable persons and firms in relevant sections 120(B), 409, 467, 468, 471, 473, 474, 477(A) of I.P.C. 7. In the light of written information petition no. 326/go. Dated informant Brij Kishore Pathak, Deputy Collector, Dumka, Dumka P.S Case No. 16/1996 dated U/s- 409, 467, 468, 471, 473, 474, 477(A)/120 (B)/109 of I.P.C was registered and S.I Ram Prit Prasad was authorized to investigate in this case. 8. In the light of Hon'ble High Court, Patna judgment dated in CWJC No. 1617/1996, 1642/96, 1656/96, 459/96(R), 541/96(R), 602/96,

8 --8 R.C Case No. 38(A) / Pat 675/96 and the Hon'ble Supreme Court of India in the Judgment dated in SLP (Civil) No. 5811/96 etc, the C.B.I to take up and investigate all criminal cases registered by state police in the State of Bihar in respect to the fraudulent withdrawals / encashments of Government money from Animal Husbandry Department, Government of Bihar. One such case was registered by Dumka Town, police station Case No. 16/1996 dated which is taken over by Central Bureau of Investigation, re-registered Crime No. R.C 38(A)/1996 registered U/s- 409, 467, 468, 471, 473, 474, 477A,120(B(, 109 of I.P.C and Sec. 13 (2) r/w Section 13(1), (c) and (d) of P.C Act, 1988 against (1). Sri Om Prakash Diwakar, Regional Director, Animal Husbandry Office, Dumka, Bihar, (2). Sri Rameshwar Prasad Chaudhary, Head Assistant, Regional Director, Animal Husbandry, Dumka, (3). Sri Pankaj Mohan Bhui, Accountant, O/o- Regional Director, Animal Husbandry, Dumka, (4). Other Unknown Officers/officials of the Office of Regional Director, Animal Husbandry, Dumka, (5). M/s. Radha Pharmacy, Dumka, and (6). M/s. Lakshmi Enterprise, Main Road, Godda & others unknown. The charge of investigation was handed over to D.N. Biswas, Dy. S.P/CBI/SPE/ACB, Calcutta, who after investigation submitted charge-sheet no. 05 dated , in the court. The result of investigation has revealed that during the accused shown in Annexure I and others unknown had entered into a criminal conspiracy and agreed to do or cause to done illegal act or acts which are not legal by illegal means at Dumka, Patna and other places of Bihar. In pursuance of the said criminal conspiracy during December 1995 and January 1996 and amount of Rs. 3,42,37,000./- was illegally withdrawn by the Regional Director, AHD, Santhal Pargana Region, Dumka under the major head 2403 from Dumka Treasury. Above money withdrawn without supplying / transporting the medicines / materials concerned, fraudulently withdrew a sum of Rs. 3,13,41,451/- out of the sum of Rs. 3,42,37,601/- drawn by R.D AHD, Dumka and consequence wrongful loss was caused to the Government of Bihar and wrongful gain to themselves and other co-accused persons. It is also revealed during investigation that for financial year for R.D, AHD, Santhal Pargana, Dumka was allotted only Rs. 1,50,000/- for purchase medicine etc but in furtherance of the criminal conspiracy, 24 fake allotment letters for Rs. 12,47,00,000/- Approximately were fraudulently and dishonestly got issued to Dr. Om Prakash Diwakar as drawing and disbursing Officer for making payment to the co-accused suppliers / transporters against their fake supply / transport bills for feed, fodder, medicines, and instrument etc during

9 --9 R.C Case No. 38(A) / Pat the financial year It is also disclosed that accused persons distributed the amount so received fraudulently and dishonestly amongst the co-conspirator in a ratio of 20 % of the bill amount for suppliers and the balance 80 % for the AHD Officials, Government Officers, Ministers, Chief Minister and other politicians for their respective roles in the conspiracy. The list of accused shown in Annexure I of the charge sheet which is as follows :- (1). O.P. Diwakar, (2). Rameshwar Prasad Chaudhary, (3). Pankaj Mohan Bhui, (4). Gopi Nath Das, (5). Benu Jha, (6). Md. Sayeed, (7). Nand Kishore Prasad, (8). Raghunandan Prasad, (9). Rajendra Singh, (10). Md. Wassimuddin, (11). Bimal Kant Das, (12). Radha Mohan Mandal, (13). Manoranjan Prasad, (14). Pitamber Jha, (15). Krishna Kumar Prasad, (16). Raj Kumar Sharma, (17). Rajendra Kumar Bagaria, (18). Arun Kumar Singh, (19). Ajeet Kumar Verma, (20). Mahendra Prasad, (21). Lal Mohan Prasad, (22). Naresh Prasad, (23). Pramod Kumar Jaiswal, (24). Mahinder Singh Bedi, (25). Saty Narayan Singh, (26). Chhathoo Prasad, (27). Kalika Prasad Singh, (28). Saradendu Kumar Das, (29). Ram Raj Ram, (30). Brij Bhushan Prasad, (31). Raghvendra Kumar Das, (32). Beck Julius, (33). Mahesh Prasad, (34). Phool Chand Singh, (35). Bhola Ram Tufani, (36). Chandra Deo Prasad Verma, (37). Vidya Sagar Nishad, (38). Jagdish Sharma, (39). Jagannath Mishra, (40). Dhruv Bhagat, (41). Lalu Prasad, (42). K. Arumugam, (43). Shyam Bihari Sinha, (44). Adhip Chandra Chaudhary, (45). Mehar Chandra Subarno, (46). Ravindra Kumar Rana (47). Sripati Narayan Dubey and (48). Smt. Saraswati Chandra. 9. That is after perusal of case diary and all Annexures as documents produced with charge-sheet, court found prima facie case against named accused in Annexure I of charge-sheet and took cognizance U/s- 120 (B) r/w Section 420, 409, 467, 468, 471, 477(A) of the I.P.C and U/s- 13 (2) r/w Section 13 (1) (c) & (d) of Prevention of Corruption Act, During trial case of accused Sripati Narayan Dubey, the then Commissioner, Santhal Pargana, Dumka was quashed by the Hon'ble Jharkhand High Court, so his name named struck off from prosecution. Two accused persons namely Rameshwar Prasad Chaudhary and Md. Sayeed granted pardon during trial so their prosecution also abeyance and presently show-cause was issued that why not withdrawn the grant pardon U/s- 306 of Cr.P.C due to unnecessary taken benefit in collusion with C.B.I. It is also transpires that during trial accused persons namely (1). Rajendra Singh, (2). Md. Wassimuddin, (3). Mahendra Prasad, (4). Saty Narayan Singh, (5). Chhathoo Prasad, (6). Kalika Prasad Sinha, (7) Ram Raj Ram, (8). Brij

10 --10 R.C Case No. 38(A) / Pat Bhushan Prasad, (9). Raghvendra Kumar Das, (10). Bhola Ram Tufani, (11). Chandra Deo Prasad Verma, (12). K. Arumugam, and (13). Shyam Bihari Sinha and have been died so their trial dropped. It is also transpires that accused Pramod Kumar Jaiswal record split up and he plead guilty. Presently remaining 31 accused persons namely 1. Adhip Chandra Chaudhary, 2. Ajeet Kumar Verma, 3. Arun Kumar Singh, 4. Beck Julius, 5. Smt. Benu Jha, 6. Bimal Kant Das, 7. Dhruv Bhagat, 8. Gopi Nath Das, 9. Jagannath Mishra, 10. Jagdish Sharma, 11. Krishna Kumar Prasad, 12. Lal Mohan Prasad, 13. Lalu Lalu Prasad Yadav, 14. Mahesh Prasad, 15. Manoranjan Prasad, 16. Mehar Chandra Subarno, 17. Mohindar Singh Bedi, 18. Nand Kishore Prasad, 19. Naresh Prasad, 20. Om Prakash Diwakar, 21. Pankaj Mohan Bhui, 22. Phool Chand Singh, 23. Pitamber Jha, 24. Radha Mohan Mandal, 25. Raj Kumar Raja Ram Joshi, 26. Raghu Nandan Prasad, 27. Rajendra Kumar Bagaria, 28. Ravindra Kumar Rana, 29. Shardendu Kumar Das, 30. Saraswati Chandra and 31. Vidya Sagar Nishad are facing the trial. 11. It is also transpires that prosecution out of 339 charge-sheeted witnesses, examined only 245 witnesses in the court who are follows and proved following exhibits in examination-in-chief :- PW Nos. Name of P.Ws Gist of Evidence Exhibits Proved P.W.1 Sambhoo Nath Seizure of Account Opening form of 1 Sur Branch Manager, SBI, Pakur. A/c. No. 376 and seizure memo, M/s. Krishna Road Carrier of accused R.K. Bagaria. P.W.2 Sukumar Sarkar Accountant, SBI, Pakur. Account Opening form, Specimen signature Card, ledger, request letter to close the account, debit vouchers, 14 2, 3, 4,5,6, 7 to 7/13, 8, 8/1 to 8/10, 9 to 9/18, 10 to 10/26, P.W.3 Arun Kr Roy Choudhary Deputy Manager, State Bank of India, Godda P.W.4 Sri Krishna Choudhary Branch Manager, demand drafts, 19 cheques of current account number 376 of M/s. Krishna Road Carrier of accused R.K. Bagaria. Seizure of Account Opening Form, Ledger sheets, 14 bank drafts, 9 pay in slips of M/s. Laxmi Enterprises, Godda, Sushil Jha is the introducer and Smt. Beni Jha is the proprietor of the firm. Seizure of the documents of M/s. Laxmi Enterprises, Godda. 2/1, 3/1, 7/14 to 7/27, 8/11 to 8/19, 1/1, 1 /2

11 --11 R.C Case No. 38(A) / Pat P.W.5 P.W.6 P.W.7 P.W.8 P.W.9 SBI Godda Suresh Chandra Jha Accountant, SBI, Godda Sureshwar Banerjee Senior Manager, Oriental Bank of Commerce, Bhawanipur Branch, Kolkata Madhu Sudhan Saha Accountant, State Bank of India, Kotasur Branch of Birbhum District Bengal. Ashish Kr Roy AGM, SBI, Asansol Arun Kr. Saha Deputy Manager, SBI, Main Branch Asansol P.W.10 Kashi Nath Sharma Head Assistant, SBI, Main Branch Asansol P.W.11 Bhoot Nath Mandal Deputy Manager, SBI, Asansol P.W.12 Suresh Chandar Chief Manager, SBI, Deoghar P.W.13 Anant Prasad Branch Manager, UCO Bank, Deoghar0 Identification of signatures of Smt. Benu Jha and her relation with Shri Sushil Jha and Binod Jha as family members from the same village under Godda District. Seizure of Account opening form, Ledger, vouchers, cheques of M/s. Little Oak Pharmaceuticals, Kolkatta, Ajit Kumar Verma as Proprietor had operated the account. Raj Kumar Sharma had opened a current account number SIB 39 at SBI to deposit 06 bank drafts issued by SBI, Dumka. Seizure of documents from SBI Asansol relating to current A/c. Of Raj Kumar Rajendra Raja Ram Joshi The witness identified accused Raj Kumar Sharma who operated the Bank Account 9B/45 wherein 02 drafts of SBI Dumka were encashed. The witness also identified accused Raj Kumar Sharma who operated the Bank Account 9B/45 wherein 02 drafts of SBI Dumka were encashed. Operation of the bank accounts of Raj Kumar Sharma at SBI, Asansol. Seizure of 04 bank drafts from SBI, Deoghar. Seizure of A/c Opening form, Ledger, deposit slips of Vishwakarma Agency, Deoghar opened jointly by Arun 2/1, 11 to 11/3. 1/3, 2/2, 3/2, 12, 8/20,, 8/21 to 8/23, 9/19 to 9/37, 10/27, 13 2/3, 14, 3/3, 8/24 to 8/29, 7/28 to 7/33 1 /4 2/4, 3 /4, 15, 8/30, 8/31, 7/34 to 7/35, 9/38 to 9/41, 8/30, 831, 9/38 to 9/41, 2/4 8/30, 8/31 1/5 1/6, 2/5, 15/1, 8/32 to 8/34, 7/36 to 7/39, 9/42, to 9/44

12 P.W.14 Shyam Sundar Sharma Chief Cashier, UCO Bank, Deoghar P.W.15 Amit Lal Banerjee Branch Manager, United Bank of India, Dover Lane, Kolkata P.W.16 Rajendra Lal Sharma Driver of Truck No. BR12H P.W.17 Dinannath Kelanka Owner of Truck BRL-9651 P.W.18 P.W.19 P.W.20 P.W.21 Md. Jamir Driver of the Truck No. BRL Gopal Mandal Owner of garage Viswakarma Auto Centre, Dumka Sheo Kr Mehara Owner of Truck No. BR-12H Bindeshwari Prasad DTO, Dumka P.W.22 Setal Prasad Mandal Driver of Truck No. BRL-5541 P.W.23 Ajay Kr Mahanta Owner of Bus No. BR R.C Case No. 38(A) / Pat Kumar and Shiv Raj Ram as partners. Viswakarma Agency is a partnership firm of Arun Kumar and Shiv Raj Ram. Current Account of M/s. Little Oak Proprietorship firm of Ajit Kumar Verma, Account opening form, ledger, specimen Signature Card, Cheques, Not transported fodder in October and November The Truck was under repair in a garage at Dumka. Not transported fodder from Ranchi to Dumka. The truck was engaged in transportation of salt and cement during the period. Not transported fodder from Ranchi to Dumka. The Truck was engaged in transportation of salt and cement during the period. The truck number BR was under repair in his garage during October and November Not transported fodder from Ranchi to Dumka. The truck was engaged in transportation of salt and cement during the period. Verification of the registration number of vehicles shown used for transportation of fodder. The truck was used for transportation of cement, stone cheeps and iron rod of Deoghar during the period. The vehicle is a bus used as public transport from Jasidih to Tarapith. Never transported fodder Ranchi to 8/32 to 8/ /6, 3/5, 15/2, 9/45 to 9/75, 8/35 to 8/38, 10/28, 7/40, 1/ , 17, 1/8, Mark- X,, X/1, 18,, X/2. Mark X/3 Mark - X/4 Pakur and Sahebganj. P.W.24 P. Venkatsar M/s. Concept Pharmaceuticals had 19, 19/1 & 19/2,

13 --13 R.C Case No. 38(A) / Pat Senior Manager Distribution, M/s Concept Pharmaceuticals, Mumbai. P.W. 25 Harihar Prasad Block Development Officer, Jama P.W. 26 Dilip Kr Agarwal Owner of Truck No. BRL-2675 P.W. 27 P.W.28 P.W.29 Kaml Nain Owner of Truck No. RJ14G Ramesh Chand Saini Owner of Truck No. RJ14G Nathu Lal Owner of Truck No. RJ14G depot at Patna till 1995, M/s. Mukesh Pharma SR Enterprises, Patna and Gauri Distributor, Bhagalpur did not purchase veterinary medicines from his company during the period. BDO, Jama was shown for transportation of fodder by the accused transporter. Never transported feed / fodder from Ranchi to Sahebganj during the period. The truck was transporting wheat from FCI Depot Jasidih to Dumka. Never transported feed / fodder from Ranchi to Sahebganj during the period. Never transported feed/fodder from Ranchi to Dumka or any place in Bihar. Never transported feed / fodder from Ranchi to Dumka or any place in Bihar. 19/3 & 19/4, 11/3 to 11/34, X/5, 20, 21, 21/1, 21/2, 1/9. P.W.30 Anand Kr Gutgutia Introducer of the Bank A/c of M/s Krishna Road Carrier at SBI Pakur Branch P.W.31 Sisir Kr Mandol Introducer of the Bank A/c of Raj Kumar Sharma at SBI Kotosur Branch P.W.32 Ram Swaroop Yadav Owner of the Truck No. RJ14G-3903 P.W.33 Ram Naryan Mandol DTO, Dhanbad Identified Rajendra Kumar Bagaria as owner of M/s. Krishna Road Carrier, Pakur. Identified Raj Kumar Sharma as Proprietor of M/s. Raj Kumar Sharma as introducer of his Bank Account at SBI Kotasur Branch. Did not transport materials of AHD from Rajmahal to Taljhari during October Nature of vehicles as : - Vehicle No. Nature BPR-7167 Moped to 10/26 2/ /1, 18/2, 1/10, 22 to 22/6

14 --14 R.C Case No. 38(A) / Pat P.W.34 Chiman Lal Nagpal Owner of Truck No. RJ 14G 3243 and RJ 14G 3245 P.W.35 Md. Ramzan Owner of Truck No. RJ 14G 2345 P.W. 36 Chhote Lal Owner of Truck No. RJ 14G 1325 P.W.37 Mahadeo Prasad Das Office Assistant of Regional Director, AHD, Dumka BPR-7667 Moped BHG-9160 Jeep BHG-9160 Motorcycle BR 17B-6988 Car. BR17B-6355 Trekkar. Never transported consignment of AHD Bihar during October Never transported consignment of AHD Bihar during October Never transported consignment of AHD Bihar during October 1995 Dr. O.P.Dwikar was Regional Director from June Regional Director Dumka had no hospital or discrepancy under his control. 05 bills of SR Enterprises passed by O.P.Dwikar. Dr. Sayeed as SVO had certified received and stock entries on 50 vouchers by Dr. Sayeed. 15 CNC bills of Radha Pharmacy passed by O.P.Dwikar, Dr. Sayeed as SVO had certified received and stock entries on 40 vouchers. 15 CNC bills of Laxmi Enterprises passed by O.P.Dwikar, Dr. Nand Kishore Prasad as AIO, Dr. Raghu Nandan Prasad as AD Poultry had certified received and stock entries on 131 vouchers. 11 CNC bills of M/s Raj Kumar Sharma Asansol passed by O.P.Dwikar, Dr. Bimal Kant Das, TVO and Dr , 23/1, 24, 25 to 25/4, 26 to 26/49, 25/5 to 25/19, 26/50, to 26/90, 25/20 to 25/34, 26/91 to 26/221, 26/222 to 26/296, 26/297 to 26/354, 26/355 to 26/394, 26/395 to 26/454, 26/455 to 26/464, 25/70 to 25/72, 26/465 to 26/494, 25/23 to 25/78, 26/495 to 26/554, 25/79 to 25/84, 26/555 to 26/612, 25/85 to 25/88, 26/613 to 26/652, 25/89 to 25/93, 26/653 to 26/700, 25/94 to

15 --15 R.C Case No. 38(A) / Pat Wassimuddin had certified transportation on 75 vouchers. 14 CNC bills of Krishna Road Carrier, Pakur. Dr. Bimal Kant Das, TVO and Dr. Wassimuddin had certified transportation on 58 vouchers. 4 CNC bills of Little Oak,Kolkata passed by O.P.Dwikar and receipt certified by Dr. Rajendra Singh on 40 vouchers. 6 CNC bills of Viswakarma Agency passed by O.P.Dwikar and receipt certified by Dr. Wassimuddin on 10 vouchers, Dr.Bimal Kant Das on 10 vouchers and Dr. Krishan Kumar Prasad on 40 vouchers. 3 CNC bills of B.R. Pharma passed by O.P.Dwikar. Receipt certified by Dr. Satyanarayan Singh on 30 vouchers. 6 CNC bills of Mukesh Enterprise passed by O.P.Dwikar. Receipt certified by Dr. Rajendra Singh on 60 vouchers. 6 CNC bills of R.K.Agency Patna passed by O.P.Dwikar. Receipt certified by Dr. Rajendra Singh on 58 vouchers. 4 CNC bills of Vyapar Kuttir passed by O.P.Dwikar. Receipt certified by Dr. Pitamber Jha and Dr. Manoranjan Prasad on 40 vouchers. 5 CNC bills of Bhagat & Company passed by O.P.Dwikar. Receipt certified by Dr. Bimal Kant Das and Dr. Wassimuddin on 48 vouchers. 4 CNC bills of Semex Cryogenics passed by O.P.Dwikar. Receipt 25/97, 26/701 to 26/737, 25/98 to 25/102.

16 --16 R.C Case No. 38(A) / Pat certified by Dr. Raghunandan Prasad on 37 vouchers. 5 CNC bills of B.R. Pharma passed by O.P.Dwikar. P.W.38 P.W.39 Sukhendra Chandra Talpatra Manager Service Branch, SBI, Kolkata Chandeshwar Choudhry DTO, Patna P.W. 40 Saneet Kumar Mandal Branch Manager, SBI, Kotasur P.W. 41 Vijay Prasad Sah of Raj Kishore Market, Shivpur Godda P.W. 42 Chain Raj Jain Owner of Truck No. RJ 14G 0311 P.W.43 Uday Pratap Singh of Raj Kishore Market, Shivpur Godda P.W.44 Mithilesh Kumar Secretary to His Excellency Governor of Bihar Seizure of 04 bank drafts of M/s Little Oak Pharmaceuticals. The vehicles mentioned on transportation bills on Vespa Scooter, TVS Moped, Rajdoot Motorcycle, Govt. Jeep, State Transport Bus, Chetak Scooter, Maruti Car, Yamaha Motorcycle, Maxi also scooter of Judicial Magistrate Patna besides few trucks. Seizure of documents of M/s Raj Kumar Sharma from SBI, Kotasur Sushil Jha had a shop of cold drinks besides his shop in the said market. Name of the shop was Bharti Enterprises. He had no medicine shop in Godda. Never transported feed / fodder from Ranchi to Rajmahal during the period. No shop in the name of Laxmi Enterprises of Sunil Kumar Jha was functional at Raj Kishore Market, Godda during the period. Sanction for prosecution of Shri Lalu Prasad, Dr. Jagannath Mishra, Vidyasagar Nisad, Chandra Dev Prasad Verma, Bhola Ram Tufani, K. Arumugam, Mahesh Prasad, Beck Julious, S.N.Dubey, Phool Chand 1/11, 7/41 to 7/44. 18/3, 1/12, X, 27, 27/1, 27/2, 27/3, 27/4, 27/5, 27/6,

17 --17 R.C Case No. 38(A) / Pat Singh, Braj Bhushan Prasad, Dr. Ram Raj Ram, Dr. O.P.Diwakar, Raghevndra Kishore Das, Dr. Sayeed, Dr. Wassimuddin, Dr. Manoranjan Prasad, Dr. Nand Kishore Prasad, Dr. Raghunandan Prasad, Dr. Bimal Kant Das, Dr. Radh Mohan Mandal, Dr. Pitamber Jha, Dr. Krishan Kumar Prasad, Dr. Satyendra Singh, Rameshwar Chaudhary, Chattu Prasad and Shardendu Kumar Das issued at the instruction of Shri Binod Chandra Pandey His Excellency Governor of P.W. 45 Raghvendra Kishore Das Administrative Officer, Diretorate AHD, Patna Bihar. Efforts of Shri Lalu Prasad, Dr. R.K.Rana and S.B.Sinha for elevation of Dr. Ram Raj Ram to the Post of Director since July Fabrication of allotment letters. A, A/1 A/2 Mark XXX/3, Payments made to Lalu Prasad for favour. False report by Jagdish Sharma on objections by Audit. Seizure of huge cash at Ranchi Airport. Payment for stay on transfer of Dr. B.N.Sharma from Chaibasa, Extension in service after retirement to Dr. S.B.Sinha, payments for managing questions raised in legislature regarding fraudulent payments etc. Payment for Air ticket of accused Lalu Prasad and others by T.M.Prasad and

18 --18 R.C Case No. 38(A) / Pat P.W.46 P.W.47 P.W.48 P.W.49 P.W.50 Santosh Kumar Introducer of the bank account of M/s Vyapar Kutir. Jasminder Singh Partner o M/s Saluja Trading Company T.K. Chatterjee Chief Manager, SBI, Dumka Dayanand Assistant Commissioner, Sales Tax, Patna. P.C Thakur Clerk, DAHO, Godda P.W. 51 Shayam Lal Marandi Clerk on typist DAHO, Deoghar P.W. 52 Md. Sahahabuddin Clerk of SAHO, Sahebganj P.W. 53 Bal Krisna Gupta Prop. of M/s B.K. Surgical S.B.Sinha through J.P.Verma. The witness identified accused Naresh Prasad Proprietor of M/s Vyapar Kutir as he had introduced him for opening current account of M/s Vyapar Kutir at Allahabad Bank, Ashok Nagar Branch, Kankarbag, Patna. Rakesh Mehra purchased Air Conditioner Ambassador Car BR14B from Ashko Auto Mobile Main Road, Ranchi in October 1995 in the name of Naresh Kumar Jain. Seizure of 71 bank draft purchase application for payments to the accused suppliers and transporters from the account of District Treasury Dumka. Seizure of Annual Return Files of M/s S.R. Enterprises of Smt. Sarswati Chandra, M/s R.K. Agency of Lal Mohan Prasad, M/s B.R.Pharma of Mahendra Prasad Identified signatures of accused O.P.Diwakar, Regional Director, Dumka on 103 CNC bills and 738 vouchers of accused suppliers and transporters. Identified signatures for receipt of consignment by accused Dr. Pitamber Jha and accused Dr. Manoranjan Prasad. Identified signatures for receipt of consignment by accused Dr. Krishan Kumar Prasad. Animal feed not received in the office of SAHO, Sahebganj. Introduced the current account of M/s S.R.Enterprises of Smt. Sarswati Chandra wife of Mahendra Prasad. X, 1/13, 28, 29, 30 to 30/2, 30/3 to 30/5, 1 /4, ,

19 --19 R.C Case No. 38(A) / Pat Enterprises, Patna Mahendra Prasad was introduced to him by accused Tripurari Mohan P.W.54 Sheoji Ojha Deputy Manager, SBI, Main Branch Patna Prasad in his office at Patna. Payments for 04 bank drafts of Mukesh Enterprises, 05 bank drafts of R.K.Agency, 04 bank drafts of S.R.Enterprises, 04 bank drafts of B.R. 7/41 to 7/44, 8/39 to 8/40, 7/45 to 7/49, 8/41 to 8/42, 7/50 to 7/53, 8/43 to 8/45, Pharma by SBI, Dumka through 7/54 to 7/57, 8/46 to current account of Mukesh Enterprises 8/47, 2/7. at SBI, Main Branch, Patna. Accused Lal Mohan Prasad is proprietor of M/s P.W.55 Dr. Md Sayeed Staff Verification Officer, Office of Regional Director, AHD, Dumka Mukesh Enterprises, Patna O.P.Diwakar functioned as Regional Director of AHD, Dumka from to February Prepared supply orders for veterinary medicines and instruments without --- indent at the instruction of O.P.Diwakar. Accused Diwakar obtained fake receipt certificates on the bills of suppliers from his subordinate DAHO, SAHO, Asst. Director Poultary, AIO, BAHO for preparation of consolidated bills to withdraw money from Dumka Treasury. No cattle or piggery firm were functional under RD, AHD, Dumka during the period. S.N.Dubey, Divisional Commissioner inspected Dumka Treasury and during inspection demanded details of illegal withdrawals made during ,

20 --20 R.C Case No. 38(A) / Pat and Dr. Sesh Muni Ram was intitally upset but subsequently re-reconcile and informed the witness that he has negotiated with commissioner Dumka on condition that he would pay 5 percent of the allotment and withdrawals. In the month of May 1994 accused S.N.Dubey, Commissioner, Dumka issued order to treasury officer Dumka to pass purchase bills of AHD for Rs. 5 Lakhs and above. At the time of his transfer, Dr. Sesh Muni Ram informed this witness that he has introduced his successor Dr. O.P.Diwakar to Shri S.N.Dubey, Commissioner Dumka and also informed about 5 percent of the allotment. Dr. O.P.Diwakar also subsequently informed him that he has to pay 4 to 5 percent of the payments drawn against purchase bills of AHD, Dumka to Shri S.N.Dubey Commissioner. This witness was also given 1 percent of the payments on purchase bills. He had to oblige Dr. Diwakar by giving receipt certificates and making stock entries of the medicines / materials shown supplied on the bills. Dr. Diwakar also informed that Shri

21 --21 R.C Case No. 38(A) / Pat Chandra Dev Prasad Verma, Minister is his man, Dr. Ravindra Kumar Rana is his friend, Dr. Ram Raj Ram, Director would do whatever he would ask which includes his suspension and transfer. Dr. Diwakar obtained false certificate of receipt of material on suppliers bill from him and other sub ordinate officers under pressure for drawing money from Dumka Treasury. Dr. Diwakar informed this witness that he obtained allotment letters from accused Dr. S.B.Sinha or through his men Mahendra Prasad supplier. Payments were drawn from Dumka Treasury during the period of O.P.Diwakar without receipt of any instruments or medicines and or against meager supply of materials. Dr. Diwakar has passed all the bills for the period from December 1995 and January 1996 for payments. Supply orders for supply worth Rs. 20 Lakhs only have been prepared during the period and rest of the bills were passed without any supply orders. The witness stayed in hotel Yuvraj at Doranda Ranchi with Dr. Diwakar during August Payment for the stay was made by owner of M/s Bhagat & Company Ranchi.

22 --22 R.C Case No. 38(A) / Pat Dr. Diwakar used to collect all the documents relating to such payments from him on the pretext that these documents would be given to PAC. The documents included:- 1. Dispatch Registers relating to purchase. 2. Receipt Registers relating to purchase. 3. Stock Registers of medicines and instruments. 4. Stock Register of animal feed and fodder. 5. Guard files containing false receipts of medicines and instruments obtained from sub ordinate officer. 6. All files relating to purchase. Dr. Jagdish Sharma, Chairman PAC used to call Dr. Diwakar to his residence at Patna and for getting the aforesaid records received by PAC, Dr. Diwakar used to make illegal payments to accused Jagdish Sharma. During election of Bihar Legislative Assembly in the year 1995, Dr. Ravindra Kumar Rana summoned Dr. Diwakar as he was given ticket to contest from Gopalpur constituency for obtaining election expenses. Dr. Diwakar had visited the residence of accused Dr. R.K.Rana with cash of Rs. 10 Lakhs in a briefcase.

23 --23 R.C Case No. 38(A) / Pat He delivered the briefcase to Dr. Rana in his presence. The witness accompanied Dr. Diwakar to the residence of accused Dr. R.K.Rana for delivery of cash. Dr. Rana asked for more money from Diwakar in his presence. Subsequently Dr. Diwakar informed that he had to spent Rs. 30 Lakhs for election expenses of Dr. R.K.Rana. Dr. Diwakar informed this witness that Chanrdev Prasad Verma, Minister has also demanded Rs. 10 Lakhs from him as Minister is also contesting election from the constituency of Dr. Diwakar. Dr. Diwakar also informed that he has been posted as Regional Director, Dumka with additional charge of Regional Director Bhagalpur and Purnia also and simultaneously was given charge of DAHO, Godda, Bhagaglpur and Katihar by the same Minister and it was therefore, his duty to help him. Dr. Diwakar asked the witness to count Rs. 7 Lakhs in his house and keep them in a suitcase in his presence. Dr. Diwakar with the suitcase when to the residence of Minister with this witness at Kankarbagh Housing Colony, Patna and delivered this suitcase to the Minister in his presence. The Minister demanded more money from Dr. Diwakar in his presence. Subsequently

24 --24 R.C Case No. 38(A) / Pat Dr. Diwakar informed that he paid another Rs. 8 Lakhs to the Minister for his election expenses. On the date of counting, this witness was with Dr. Diwakar who informed that he had to spend Rs. 1.5 Crores on politicians for their election expenses during Dr. Diwakar also informed that these politicians have also taken money from Dr. S.B.Sinha who distributed money at the instruction of Dr. R.K.Rana. Dr. Diwakar informed that he has been assured posting as RD, Ranchi and after that he would replace Dr. S.B.Sinha for such withdrawals and payments from treasuries. On , Dr. Diwakar called him to his residence at Patna. Dr. Diwakar was upset. He informed that Finance Commissioner, V.S.Dubey has discovered the case of illegal withdrawals of AHD. He has also obtained reports from the office of AG, Ranchi. He had informed Dr. R.K.Rana who is close to Lalu Prasad and he had also taken appointment for meeting of Dr. Diwakar with Lalu Prasad on the same date but for meeting with Lalu Prasad he would require more money as Lalu Prasad does not properly without money. Dr. Diwakar called him to his bedroom and took out a VIP suitcase and asked him to verify if Rs. 20 Lakhs is kept in the suitcase. After

25 --25 R.C Case No. 38(A) / Pat verification the witness informed that Rs. 20 Lakhs is available in the suitcase. Dr. Diwakar in his Maruti Car with a suitcase when to the residence of Chief Minister at 1 Anne Marg with him. At the gate of 1 Anne Marg aksed Dr. Diwakar for his identity, Dr. Diwakar informed that he is the men of Dr. R.K.Rana and thereafter he was allowed entry in the residence of Lalu Prasad. Dr. Diwakar went inside the residence of Lalu Prasad with the suitcase containing Rs. 20 Lakhs and the witness was on the Maruti Vehicle of Dr. Diwakar in the corridor inside the campus of the residence of Shri Lalu Prasad. After some time Dr. Diwakar returned empty handed to the vehicle and informed this witness about the delivery of cash to Lalu Prasad and also about the assurance given to him to scuttle the enquiry regarding withdrawals from Dumka Treasury. P.W.56 K.L. Das BAHO Littipara The witness has been taken as approver in this case. Accused Dr. Bimal Kant Das functioned as TVO and accused Dr. Wassimuddin functioned as DAHO at Sahebganj during the period. In the year 1995 no veterinary medicine or animal feed was received by him at Littipara. He had also not seen feed being uploaded from Truck at Littipara. P.W. 57 Maheshwar Accused Dr. Krishan Kumar Prasad has ---

26 --26 R.C Case No. 38(A) / Pat Ram Accountant in the office of DAHO, Deoghar certified receipt of veterinary medicines on the vouchers of Viswakarma Agency. No supply order number is mentioned on any of the voucher. These bills have been passed P.W. 58 Pulak Mukherjee Partner of M/s Treatment Home Product, Kolkata by Regional Director, Dumka. M/s Treatment Home Product, Kolkata manufactured medicines on loan license for M/s Little Oak Pharmaceuticals, Kolkata. All the medicines manufactured and shown X/6, 1/15 supplied by M/s Little Oak Pharmaceuticals were for human P.W. 59 P.W. 60 P.W. 61 Jit Mohan Pal Chief Manager, SBI, Main Branch, Patna Tripurari Sharan Deputy Manager, SBI, Main Branch, Patna Janardhan Prasad Head Clerk in the office of DAHO, Sahebganj consumptions. Seizure of Bank drafts from SBI, Patna of M/s Vyapar Kutir and other supply firms. Deposit of bank drafts at SBI Patna. Accused Dr. Bimal Kant Das and accused Dr. Wassimuddin have certified transportation of animal feed to Sahebganj on the bills of M/s Krishna Road Carrier, Pakur and M/s 1/16, 7/ Raj Kumar Sharma, Asansol. They have also certified receipt of veterinary medicines on the bills of Viswakarma Agency and M/s Bhagat & Co. Ranchi. No indent was placed for the said transportation or supply from his office to RD, Dumka. He had also not seen transportation of fodder at Sahebganj during the period. P.W. 62 Kishore Kr Sharma Owner of Truck The truck never transported any consignment of AHD in the year 1995

27 --27 R.C Case No. 38(A) / Pat P.W. 63 P.W. 64 P.W.65 P.W. 66 P.W. 67 P.W. 68 P.W. 69 P.W.70 No. RJ08-G Dr. Bibhuti Nath Thakur Assistant Poultary Officer in the office of DAHO, Deoghar Ranjit Kumar Mandal Assistant in the office of Civil Surgeon Dumka Paresh Acharya Accountant of M/s Treatment Home Products Laxman Prasad BDO, Littipara Uday Kant Jha Assistant Commissioner, Sales Tax, Dumka Bhupinder Singh Owner of Truck No. 14G-2842 Anirudh Prasad Yadav Office Clerk of DAHO, Godda Priti Pal Saini Owner of Truck No. RJ-02-G P.W. 71 Dr. Ram Narayan Ram Veterinary Surgeon, Godda in the state of Bihar. Receipt of consignment of bills certified by Dr. Pitamber Jha, TVO, Deoghar. Seizure of Drug License Register of the office of Civil Surgeon, Dumka. M/s Treatment Home Products manufactured only medicines for human consumptions on behalf of M/s Little Oak Pharmaceuticals, Kolkata. No animal feed or veterinary medicines supplied to Littipara Block during Seizure of books of account and vouchers of M/s Radha Pharamacy, Dumka relating to supply of veterinary medicines to RD, AHD, Dumka. The truck never transported any consignment to Rajmahal, Taljhari and Littipara from Ranchi during October Identified the signature of Dr. Satyanarayan Singh on the invoices of R.K.Agency, Patna, Signature of Radha Mohan Mandal on the invoices of M/s Little Oak Pharmaceuticals, Kolkata. The truck did not transport any consignment in Bihar. Identified signatures of Satya Narayan Singh and Radha Mohan Mandal on the invoices of M/s B.R.Pharma, M/s R.K.Agency, M/s Little Oak Pharmaceuticals. 32, 32/1, 1/16, 33, 34, 35 to 35/2, 35/3, 36 to 36/9, 37 to 37/14, 38 to 38/929, 39, 40, 41, 42, 1/17 & 1/18

28 --28 R.C Case No. 38(A) / Pat P.W. 72 P.W.73 P.W. 74 P.W. 75 P.W. 76 Mahesh Chand Owner of Truck No. RJ-02G Ibney Hassan Assistant Commissioner, Sale Tax, Godda Hari Narayan Meena Owner of Truk No. RJ-29G Naresh Jha Assistant Commissioner, Sale Tax, Deoghar Pramod Kumar Bhagat Villager and neighbour of accused Dhruv Bhagat P.W. 77 Vijay Kumar Mishra Chief Manager, SBI, Patna P.W. 78 Purusottam Mishra Drug Inspector, P.W. 79 Dumka Jayram Prasad Verma Traffice Superintendent, Indian Airline, Kolkata The truck did not transport any consignment from Ranchi to Littipara. M/s Bharti Enterprises and M/s Laxmi Enterprises were not registered with Sale Tax Godda for supply of veterinary medicines. Misleading registration number on bills of M/s Laxmi Enterprises mentioned. The truck did not transport any consignment from Ranchi to Littipara. M/s Viswakarma Agency, Deoghar though registered but as filed returns disclosing zero sale during the period. Got transfer of ownership of A.C. Ambassador Car BR 14D from Naresh Jain of Ranchi to himself at the instruction of Dhruv Bhagat without making any payment. Seizure of bank documents of Mukesh Enterprises, Patna M/s Laxmi Enterprises, Godda was issued Drug License on from his office. Tripurari Mohan Prasad purchased Air Tickets of Dr. S.B.Sinha, Dr. S.K.Singh, K. Arumugam, Mahesh Prasad and several politicians. Subsequently Air Tickets of Dr. S.B.Sinha, Dr. S.K.Singh, Dr. R.K.Rana, R.K.Das, Beck Julious, K. Arumugam and K.N.Jha were also booked through him. In the year Dr. R.K.Rana purchased Air Tickets of Lalu Prasad sometimes on payment 18/ /5, XXX 1/19 X/7, 44, 21/3 to 21/10

29 --29 R.C Case No. 38(A) / Pat P.W. 80 P.W. 81 P.W.82 P.W. 83 Ram Chandra Keshri Drug Licensing Authority Dumka Ajay Singh Account Assistant, Astor Hotel, Kolkata Laxmi Narayan Ghosh Deputy Manager, Astor Hotel, Kolkata Navin kumar Tax Consultant, Patna P.W. 84 Shakti Pada Kundu Finance Manager of Hotel Astor, Kolkata P.W. 85 P.W.86 Amarjeet Singh Owner of Truck No. RJ-14G B.K.Choudhery Branch Manager, M/s Alembic, Patna and sometimes on credit. Subsequently payment for the Air Tickets purchased on credit were made by Dr. S.B.Sinha or by his son Rajesh who was also a supplier of AHD. His statement was recorded by the court under section 164 Cr.P.C and also by Income Tax Officer on the aforesaid line. Seizure of documents relating to issue of Drug License from his office to medicine vendors. Seizure of documents from the hotel by the IO. Seizure of documents relating to payments made for stay in the hotel. Seizure of cash books, sales register and ledger of Vyapar Kutir, Patna Payment for stay of accused M.C.Subarno from to and from to was made by Dr. Ajit Kumar Verma Proprietor of M/s Little Oak Pharmaceuticals of Kolkata. Also Beck Julius stayed in the hotel from to for which payments were made by M/s Little Oak Pharmaceuticals, Kolkata The truck did not transport any consignment in Bihar during the period. No supply orders issued to M/s Alembic by R.D.AHD, Dumka during Furnished details of veterinary 1/20 1/21 1/22 35/4 & 35/5, 36/10, 45, 46,, 1/23 47, 48, 49, 50 to 50/2, 51, 47/1, 48/1 49/1, 50/3 to 50/5, X/8, 47/2, 48/2, 50/6 to 50/8, 51/1, 47/3, 50/9 to 50/14, 48/3 & 48/4, 51/1, 47/4, 50/15 to 50/17, 49/2 & 51/3, 50/18 to 50/20 51/4, A & A/1, 18/6, 18/7