The CBI is set to challenge bail granted by Jharkhand High Court to former Bihar chief minister and RJD president Lalu Prasad in one of the fodder scam cases RC 68A/96; related to misappropriation of Rs 37.62 crore from Chaibasa treasury during 1992-93.

In January 2018, the special CBI court SS Prasad had awarded Lalu Prasad with five years of rigorous imprisonment and Rs 10 lakh as fine.

On October 9, 2020, Jharkhand High Court granted him bail on the ground that he has spent half of the conviction period in jail. Earlier the court had granted him bail in CBI case RC 64A/96, related to illegal withdrawal form Deoghar treasury in which the court had awarded a three-and-a-half-year jail term and Rs 10 lakh fine in one case.

Sources in the CBI confirmed that the agency is set to move before the Supreme Court.

CBI has already moved before the Supreme Court to challenge the High court order granting him bail in RC 64/1996. Contesting the bail; the CBI had said that the High Court had erroneously suspended the sentence awarded by the CBI court on the ground that he has served half of his prison term in jail in Deoghar treasury case.

The CBI is challenging bail on the ground of Section 427 of CrPC.

“If a person convicted and undergoing jail term is further convicted in another case then his second conviction will start only when the jail term of the first conviction is over. Convict has completed half of the conviction period in jail can’t be the ground to grant bail,” CBI sources said.

Among the fodder scam cases where the CBI had framed Lalu Prasad as accused; he was convicted in four cases. Out of the four cases he was granted bail in three cases. Lalu Prasad has approached the court for bail in the fourth and last case; the Dumka treasury case where he was convicted with a total of 14 years of imprisonment.

Lalu Prasad is currently lodged at Kelly’s bungalow in Ranchi under judicial custody.