The petition challenged the state government's move to appeal against the Railway Minister's acquittal in a disproportionate assets case filed subsequent to the fodder scam. Both have claimed that since the prosecuting agency was the CBI, the state has no locus standi to ap- peal against the acquittal order.

However, the bench, headed by Chief Justice K.G. Balakrish- nan, did not stay the hearing of the Bihar government's appeal in the Patna High Court.

Before directing Nitish Ku- mar's government to respond, the bench expressed its dis- agreement with the move. "How has the state government come into the picture when the case was investigated and prosecuted by the CBI? The CBI, as a prosecuting agency, can file an appeal. The state has no role to play in the case," it said.

Bihar government counsel Harish Salve accused the CBI of not filing an appeal due to ulterior motives. Solicitor General G.E. Vahanvati defended the agency, saying the CBI was not a political animal. "We have appealed in the Supreme Court because there have been instances where state governments have opposed high court orders to direct CBI investigation in criminal cases. In this case, the Bihar government itself has appealed. The CBI wants to know what it should do in such cases," Vahanvati said.

Salve opposed the appeals saying that the state was entitled to file an appeal under the Criminal Procedure Code (CrPc). "Whichever agency probes a case, the state government continues to the prosecutor. Therefore, it can appeal against an acquittal even if the CBI is involved," he said.