The decision to have a joint or separate trial depends on the discretion of the presiding officer, and the provision for joint trial is enabling.

D. N. PRASAD, J.

( 1 ) ALL the applications mentioned above have been heard together as the question relating to amalgamation of all the respective cases into one arisen and are being disposed of by this common order.

( 2 ) IT is claimed that RC 20 (A)/96, RC 68 (A)/96, RC 64 (A)/96, RC 38 (A)/96 and RC 47 (A)/96 should be amalgamated and trial be proceeded as one case. It is alleged that RC 20 (A)/96 corresponding to Chaibasa P. S. Case No. 12 of 1996 for the period 1-4-1994 to 31-3-1996. There is an allegation that forged payment of Rs. 97,70,39,743. 00 was made to different suppliers for the financial year 1994-96 and the said payment was made on the basis of forged allotment letters. Charge-sheet was submitted by the Central Bureau of Investigation (C. B. I.) against 56 accused persons including the petitioner Lalu Prasad alias Lalu Prasad Yadav.

( 3 ) LIKEWISE in another case RC 64 (A)/96, it is alleged that the accused persons indulged in criminal conspiracy, withdrew a sum of Rs. 95,08,140. 10 paise illegally on the basis of fake allotment and the said amount was for purchase of food, fodder, medicines and instruments etc. , which have never been supplied nor received to the Animal Husbandry Department (A. H. D.) and fraudulently the said amount was withdrawn and misappropriated. It was alleged that the amount had been withdrawn from Deoghar Treasury on the basis of false sub-allotment letters issued by Dr. S. M. Ram, Regional Director, A. H. D. , Dumka, who made the bogus sub-allotment to the District Animal Husbandry Officer (D. A. H. O.), Deoghar and other districts on the basis of fake allotment letters received by him from Dr. Shyam Bihari Sinha, who was the king pin of the A. H. D. Mafia and master mind behind the execution of fraud and got the fake allotment letters manufactured and distributed the same among, the different functionaries at A. H. D. mafia. It is also alleged that the accused persons entered into a criminal conspiracy agreed to do or caused to be done illegal act or acts which were not legal by illegal means at Deoghar, Dumka, Patna, Ranchi and other places of Bihar and outside Bihar in other States.

( 4 ) THE short facts of RC 38 (A)/96 as alleged is that it was registered in respect of fraudulent withdrawal of money from the Treasuries of Bihar on the strength of forged and fabricated allotment letters for making payment of suppliers who are non-existent and they never supplied feed, fodder, medicines and other equipments. In pursuance of the said criminal conspiracy during the period December, 1995 and January, 1996, an amount of Rs. 3,42,37,601. 00 was illegally withdrawn by the Regional Director, Santhal Pargana Region, Dumka, under the major head 2403" from Dumka Treasury.

( 5 ) THE allegation as made in RC 47 (A)/96 is that fraudulent withdrawal of money was made on the strength of forged and fabricated allotment letters. In pursuance of the criminal conspiracy on the strength of fake allotment letters, payments to the tune of Rs. 139. 35 crores were fraudulently made to the accused supplier who never supplied the materials to the A. H. D. It has been conclusively established during investigation that fraudulent withdrawal of huge amounts of Government money from the different treasuries havebeen made on the basis of the fake and fraudulent allotment shown to have been issued by the Animal Husbandry Directorate at Patna. The investigation has also disclosed that the accused-suppliers out of the amount received fraudulently and dishonestly amongst the co-conspirators in a ratio of 20 per cent of the billed amount for the suppliers and the balance 80 per cent for the A. H. D. Officials, Government Officers, Ministers, Chief Minister and other politicians for their respective roles in the conspiracy. The accused officials in connivance with each other issued fictitious supply orders to accused suppliers obtained their bills and procured false acknowledgement for the receipt of suppl