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The C.B.i. (A.H.D.) Vs. Braj Bhushan Prasad and ors.

Court : Patna

Aftab Alam, J.1. These two proceedings before the Full Bench are on reference made under Section 89(2) of the Bihar Re-organisation Act, 2000. The object of the reference is to determine whether by virtue of Section 89(1) of the Act the criminal cases, commonly known as the Animal Husbandry Scam cases, stand transferred to the Court in Jharkhand, the newly-created State of Jharkhand, or whether those cases would continue to proceed before the Special Court at Patna where they were instituted and where they have been hitherto proceeding. According to Section 89(1) of the Act upon the creation of the State of Jharkhand, every proceeding pending before a Court in this State shall stand transferred to the corresponding Court in Jharkhand if it is a proceeding relating exclusively to the territory of Jharkhand. Subsection (2) of Section 89 provides that if a question arises as to whether any proceeding should stand transferred under Sub-section (1), it would be referred to the Patna High C...