Bihar may appeal against Lalu146;s acquittal

8220;I have endorsed the public prosecutor8217;s view after examining the legal aspects and forwarded it to the law secretary,8221; Shahi told The Indian Express.

The move is being viewed as a tit for tat step by the state government against a recent move by the railway minister to call a meeting of state officials over development schemes in Bihar.

Shahi said that public prosecutor Jaiprakash has already sent his opinion over the judgment by the CBI special court.

8220;The judgment is full of legal infirmities. It has taken into consideration judgment of Income Tax Tribunal to record the findings of acquittal which is not permissible as per law,8221; Jaiprakash had said.

Asked whether the state would go out of the way if it files an appeal in the case since it was for the CBI to do so, Shahi strongly refuted it. 8220;It is the responsibility of the state government to file an appeal since the assets by the accused were acquired in the state out of public money. It has long been settled by the Supreme Court in 1976,8221; he said refuting any political motive behind the move. He even referred to Section 378 of the CrPC.

However, the CBI has not yet declared whether it would appeal in a superior court over the acquittal by the lower court.