Patna, Sept. 15: Mohammad Shahabuddin's release on bail could have been prevented had the state government been proactive, legal experts have told The Telegraph.

The "terror of Siwan", who was in jail for 11 years for multiple cases, was granted bail by the Patna High Court's single judge bench of Justice J.M. Sharma on September 7 in the murder case of Rajiv Roshan, the prime witness in the killing of his two brothers by acid in Siwan in 2004. The same bench had on February 3 this year rejected the don's bail plea, directing the lower court to conclude the trial within nine months.

The trial never started.

Shahabuddin walked out of jail on September 10, unleashing developments that threaten the unity of the Grand Alliance government, and chief minister Nitish Kumar's image as a no-nonsense administrator.

The Siwan don had earlier got bail from the high court in other major cases against him. In March 2009, he got bail in the murder case of CPI-ML (Liberation) worker Chotelal Gupta for which he had been sentenced to life term. In March 2 this year, he got bail in the murder case of Rajiv Roshan's two brothers. Other major cases in which Shahabuddin was convicted and later granted bail include one for possession of illegal arms.

"Had the state pursued the Rajiv Roshan case with right earnest, Shahabuddin's release could have been prevented," a senior government counsel, who requested anonymity for obvious reasons, told The Telegraph. "It was a big failure on the part of the state government, which could not even frame charges against the jailed former MP."

At a news meet on Monday, water resources minister Lalan Singh had denied the government went slow in the case. His explanation: "Shahabuddin was transferred to Bhagalpur central jail after the murder of journalist Rajdev Ranjan in May (2016). The trial of the case in Siwan could not have been carried out in Bhagalpur jail. The government has no role either in Shahabuddin's transfer to Bhagalpur jail or the trial pending due to his transfer."

The senior government counsel, however, pointed out that the government could have arranged for videoconferencing inside Bhagalpur jail to facilitate the trial, or Shahabuddin could have been moved to some other place where his trial could have been started.

"The state's involvement is clear in the whole episode," the senior counsel said. "The government was instrumental in getting him bailed out."

He also put the onus of the gangster's release on "weak prosecution", and questioned the expertise of the lawyer representing the state in the case. Lalan Singh had, however, said on Monday: "Go through the HC's proceedings to find out how the prosecution lawyer put forth his points very strongly."

Granting bail, the minister had added, is the discretion of the court.

Criminal lawyer Dinesh Kumar said: "The high court had erred in granting bail to Shahabuddin. How can someone against whom 40 cases are lodged, and who has been convicted for serious offences, including murder and kidnapping, get bail?"

The state deliberately delayed Shahabuddin's trial in the special court in Siwan, the lawyer further alleged. "The government failed in its responsibility; rather, it abdicated its responsibility," he added.

Asked whether a person can get bail even after being sentenced to life imprisonment, Dinesh Kumar said: "It's the discretion of the superior court to grant bail."

Senior high court lawyer S.B.K. Mangalam agreed.

"The court can grant bail to an accused if he or she, from any angle, is proved to be not directly responsible for one's death. Even if he/she has participated in the murder or acted as co-conspirator, bail is granted in such cases," Mangalam said.

"The high court can grant bail to a person undergoing life term if the person's petition challenging the life sentence at the lower court is pending with it and the high court feels that the person was not directly responsible for someone's death. The high court can grant bail if it has doubts about the complicity of the person in a murder case. The high court has discretion in the matter of granting bail to such people."

Mangalam too said non-commencement of the Rajiv Roshan case trial was the state's failure. Even if the government had initiated trial with sufficient progress to show in the case, Shahabuddin's release could have been prevented, he added.

After Mokama MLA Anant Singh got bail in a series of cases against him, the Patna district administration invoked the Crime Control Act earlier this month to ensure the strongman could not get out of jail. There was no such step against Shahabuddin.

CBI probe

The CBI today took over the investigation into murder of Siwan journalist Rajdev Ranjan, whose widow Asha has pointed a finger at Shahabuddin. A team of CBI officers from Delhi reached Patna and held a meeting with local officials.

"I am thankful to the CBI and also to the Centre," Asha said over the phone. "Now I expect full cooperation of the state government so that the offenders are punished. My husband had to pay a price for exposing unlawful activities and wrongdoings in the society."

Shahabuddin said the decision was political.

"The state government had recommended a CBI inquiry four months ago. Clearly this decision has been taken under pressure," he said.

A picture of minister Tej Pratap Yadav with an accused in Rajdev's murder, Mohammad Javed, went viral on social media today, a day after the health minister's photograph with another absconding accused in the case, Mohammad Kaif, created a flutter.

Apex court battle

Activist and Supreme Court lawyer lawyer Prashant Bhushan couldn't file an appeal against the bail to Shahabuddin in the Supreme Court today as the court refused to entertain the affidavit of the complainant, Chandrakeshwar Prasad whose three sons Rajiv Roshan, Girish Raj and and Satish Raj were murdered, sent through WhatsApp. The petition is likely to be filed tomorrow.

"I am grateful to him (Bhushan) for lending his support to my family, which has lost all hope of getting justice," said Chandrakeshwar (70), who lives with his wife Kalavati Devi (65), and disabled son Nitish (19). "I want to pursue the case for the sake of my three sons who fell victim to the reign of terror unleashed by Shahabuddin and his henchmen in Siwan."

He said Prashant Bhushan had contacted him about two months ago and assured all possible help. "After Shahabuddin's release, he contacted me and promised to help," he added.

Chandrakeshwar said he could not have afforded to appeal against the high court bail order.

"My family survives on rent from shops. We have no other means of livelihood," he said. "I have been fighting him with whatever little resources we have. I have seen many ups and downs in the past decade. We were once considered as one of the wealthiest families in the district headquarters town; now we are forced to live in penury. This is what Shahabuddin's men wanted."

A Jamshedpur court has also summoned the Siwan don on September 20 over a triple murder case dating back to 1989.