In an affidavit filed in the Supreme Court, the state government has said that it has a right to file an appeal against the acquittal by the lower court. According to the state government, in this case, the offence was committed in the state, money acquired by accused Lalu and Rabri also belonged to the state and merely because the state entrusted the investigation to the CBI does not mean that state has lost its right to file the appeal in this case.
The Bihar Government had moved the High Court against the trial court verdict after finding that the CBI was not challenging the acquittal of Prasad and his wife in the case.
Questioning the move of Bihar government, the CBI in its petition, maintained that the Nitish Kumar Government has no locus standi to file an appeal as the case was investigated by it and the state government cannot act contrary to the executive decision of the Centre. Lalu Prasad Yadav and his wife have also taken a similar stand.
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