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It had also sentenced former MP Jagdish Sharma to seven years in jail the case pertaining to fraudulent withdrawal of Rs 89.27 lakh from Deoghar treasury in the early 1990s.
Under the Code of Criminal Procedure Section 319, a summon is issued only when there is concrete evidence by which punishment can be awarded, the court said.
Advocate Kapil Sibal appeared for Prasad in the court. After considering the CBI counsel's request, the court of Justice Aparesh Kumar Singh fixed January 4 as the next date for hearing.
Police had claimed that 12 Maoists were killed in a gunbattle at Bakoria in Palamu district on June 8, 2015.
The case, involving former Jharkhand Minister Yogendra Sao and his legislator wife Nirmala Devi, had reached SC, which was left wondering as to how this kind of a 'joke' was allowed to happen.
Eight out of 11 persons, sentenced life imprisonment by a Ramgarh Court for lynching Alimuddin Ansari a year back, were granted bail.
The bail came as a big relief for the ailing 69-year-old leader, his family and party. Yadav, who has been jailed since December 23 last after conviction in five cases.
The former Union Minister is currently lodged in a Patna jail after his conviction by a CBI court in a fodder scam case.