The Nitish Kumar government had no locus standi to challenge their acquittal recorded by a Patna trial court, which said there was not sufficient evidence to convict Prasad and his wife, the CBI said in its special leave petition (SLP).

Under section 378 of the Criminal Procedure Code (CrPC.), the Centre alone can direct filing of an appeal against a trial court judgment in a CBI case, the agency said in its SLP filed days after the railway minister and his wife moved the apex court challenging the HC order on identical grounds.

The CBI, in its petition filed through advocate Devdatt Kamat, said, "The Central government, after considering the conclusions and findings of the trial court, took a consious and considered decision that no ground whatsoever was made for filing an appeal against the trial court judgment."

Finding that the CBI was not going to challenge the RJD leaders' acquittal, the state moved the HC, which after hearing all sides decided to accept the locus standi of the Bihar government to file the appeal.

Ironically, it was the Patna HC that had directed the CBI in 1996 to probecorruption charges under Prevention of Corruption Act against Prasad and his wife. The duo had challenged this order in the Supreme Court. The SC on March 19, 1996, directed that the investigation be carried out under the supervision of the chief justice of the HC.

Two years later, the CBI filed chargesheets against Prasad and his wife. On December 18 last year, the trial court acquitted the duo for insufficiency of evidence.