IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.643 of 2009 Sanjay Kumar, Son of Fool Deb Prasad, Resident of Village Maldaha, P.S. Barbigha, Post- Barbigha, at present Machali Gali, Gobardhan Lane Raja Bazar, Patna and Upper Flat of Shanti Lok Apartment Mangal Market Raja Bazar, P.S. Shastri Nagar, Town & Dist. Patna, Posted as Excise Superintendent Muzzafarp[ur. ---------- POetitioner. Versus The State of Bihar through Vigilance ------------- Respondent. --------------- 2. 18.8.2009 Heard learned counsel for the petitioner, and Mr. Prabhu Narayan Sharma, learned Assistant Counsel to In-charge Special Public Prosecutor, (Vigilance). The petitioner is an accused in Vigilance P.S. Case No.69 of 2009, registered under provisions of Prevention of Corruption act, 1998, which is pending in the court of the learned Special Judge, Vigilance, North Bihar, Muzaffarpur. The charge-sheet has been submitted but cognizance has not been taken. Learned counsel for the petitioner, therefore, submits that his continued remand is bad in law in the absence of order of cognizance. He may, therefore, be directed to be released. We would not go into the merit of the case, inter alia, for the reason that we entertain some doubts as to the maintainability of this writ petition in which case the petitioner can avail the remedies under the Code of Criminal Procedure. It appears from a perusal of paragraph 16 of the writ petition that he has already filed an application on 10.8.2009, raising the same issue before the learned trial court. Paragraph 16 of the writ petition is reproduced hereinbelow for the facility of quick reference: “16. That the petitioner on 10.8.2009 filed a petition again to release him on bail on the ground that in absence of cognizance the 2 petitioner’s remand is illegal and his day to day detention is illegal. But the learned Vigilance Judge did not pass any order upon the petition filed by the petitioner. Hence this application.” In that view of the matter, the learned Special Judge, (Vigilance), North Bihar, Muzaffarpur, is directed to dispose of the petitioner’s application filed on 10.8.2009 in accordance with law expeditiously. This writ petition is accordingly disposed of. Vinay/ ( S. K. Katriar ,J. ) ( Jyoti Saran, J.)