The single bench of Justice R R Prasad asked the central investigating agency to explain why Kumar and Tiwari should not be arraigned as accused in the scam.
The court fixed November 22 to hear the case.
The direction comes after Mithilesh Kumar Singh filed a public interest litigation urging the court to make Kumar and Tiwari as accused in the AHD scam as they had allegedly been paid money.
"We will file a counter affidavit on Monday or Tuesday," a senior CBI official said.
The high court direction comes four days after a special CBI court set September 30 to deliver judgement against 45 accused, including RJD chief Lalu Prasad, in the case pertaining to alleged fraudulent withdrawal of Rs 37.7 crore from Chaibasa Treasury in the early 1990s when the RJD was in power in the undivided Bihar.
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