Amreshwar Pratap Sahi, J.

Heard Shri S. Raza Ahmad, AAG. 5 for the State of Bihar. There is no one present on behalf of the petitioners.

2. The reference made to this Bench for being answered is incorporated in the order dated 10th July, 1995 i.e. extracted here-in-under:-

"While admitting this application, a Division Bench of this Court having doubted correctness of law laid down by Special Bench of this Court in the case of the State of Bihar Vs. Sri K. M. Zuberi and others, reported in, (1986) PLJR 67, directed that this case shall be placed for hearing before a larger Bench and therefore, this application has been placed before us.

Learned counsel appearing on behalf of the parties informed us that against the aforesaid judgment of Special Bench, an application for grant of special leave to appeal was filed and pursuant to grant of leave civil appeal is pending before the Supreme Court which is likely to be taken up for hearing any date. It has also been stated that while granting special leave application, the apex court stayed operation of judgment delivered by Special Bench.

Learned counsel appearing for the State is directed to make enquiry from the State counsel appea