The court emphasized the need for evidence of mala fide intent or false implication to justify CBI investigation and held that if the present investigating agency is not deficient in carrying out proper investigation, handing over the investigation to another agency should be avoided.

1. Above noted writ applications have been heard together and are being disposed of by this common order as the prayer in those writ applications are similar.

2. Petitioner Kaushal Yadav is a member of Bihar Legislative Assembly from Govindpur Assembly constituency, District Nawadah whereas petitioner Salman Raghib is the elected member of Bihar Legislative Council from local body seat in Nawadah district. Petitioner Binay Yadav is a representative of the independent MLA Smt. Purnima Yadav elected from Nawadah Assembly constituency who is the wife of petitioner Kaushal Yadav.

3. Prayer of the petitioner Kaushal Yadav of Cr.W.J.C. No. 590 of 2006 is that the cases against him which have been registered by the police be investigated by any independent agency like CBI. The list of the cases have been annexed as Annexure-19 of Cr.W.J.C. No. 590 of 2006. Those cases are of Nawadah Town P.S. Case Nos. 208 of 2006 under sections 420, 467, 468, 471 and 120B of the IPC, 209 of 2006 under sections 379, 420, 120B, 411 of the IPC, 211 of 2006 under sections 386, 120B IPC, 227 of 2006 under sections 420, 467, 468, 471, 120B of the IPC, 245 of 2006 under sections 386, 420, 120B of the IPC, 201 of 2006 under section 364A/34 IPC, 95 of 2006 under section 47A of the Excise Act and other sections, 79 of 2006 under section 47A of the Excise Act and other sections, 68 of 2006 under sections 384, 386/34 of the IPC, 233 of 2006 under section 47A of the Excise Act and other sections, Muffasil Nawada P.S. Case No. 27 of 2006 under sections 25(1-B)A, 26, 29B, 35 of the Arms Act, Roh. P.S. Case No. 14 of 20A6 under sections 47A of the Excise Act and some other sections, 17 of 2006 under section 47A of the Excise Act and other sections and Rajauli P.S. Case No. 34 of 2006 under section 47A of the Excise Act.

4. The prayer of the petitioners, namely, Salman Raghib and Binay Yadav of Cr.W.J.C. No. 150 of 2007 is that the cases registered against them are Nawadah Town P.S. Case No. 208 of 2006, 209 of 2006, 227 of 2006 and 201 of 2006 be investigated by any other independent Agency like CBI.

5. It has been submitted on behalf of the petitioners that the father of the petitioner Kaushal Yadav was a Minister in the Govt. of Bihar. He died in the year 1969 in a road accident only after three days of his oath. Thereafter, the mother of the petitioner became member of Bihar Legislative Assembly and remained such for about 32 years. She remained as a Minister in the Govt. of Bihar. The petitioner Kaushal Yadav entered into the politics in the year, 1984. The petitioner Kaushal Yadav contested as independent candidate and won the election and has defeated all the political parties and in that connection he got 80% of the valid votes. His wife Purnima Yadav also become a member of the Legislative Assembly as independent candidate. The Bihar Assembly was dissolved on 22.5.2005 but the petitioner Kaushal Yadav moved to the Hon ble Apex Court challenging the Presidential Proclamation through his wife Purnima Yadav and he prayed that NDA be given an opportunity to form the Government. Subsequently election was held under the supervision of Sri K.J. Rao the representative of the Election Commission of India. The petitioner Kaushal Yadav and his wife were again re-elected.

6. The grievance of the petitioner Kaushal Yadav is that after forming of the Government election of Rajya Sabha was to be held. The NDA decided to support the candidate of LJP.The vote managers of NDA never had discussion with the petitioner and they wanted to petitioner should follow there own line. He did not do so. He was victimised and a number of cases were lodged only with a view to tarnish his image. Though the petitioner Kaushal Yadav was of fair antecedent but he was being branded as a criminal by implicating in number of cases.

7. Case of the petitioners Salman Raghib and Binay Yadav of Cr. W.J.C. No. 150 of 2007 is that a campaign was made to tarnish the image of Kaushal Yadav so t