IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51889 of 2007 ***** Ruchir Sinha son of Sri Murlidhar Sinha, resident of Mohalla C/2, P.S. Sector-19, district Raurkela, 769 005 (Orissa). …. …. Petitioner Versus The State of Bihar through Central Bureau of Investigation. …. Opposite party ----------- 4. 27.4.2009. Heard learned senior counsel appearing for the petitioner and learned counsel representing the Central Bureau of Investigation. The short facts are that years ago a case came to be instituted by the Central Bureau of Investigation, which was registered as Special Case No. 23/97 arising out of R.C. Case No.43(A)/97. The matter related to so-called large scale manipulation and illegality committed in the combined engineering entrance examination relating to the year 1996. There are many accused persons in number, almost 245, if not more. These are the people who have been charged with being part of the conspiracy. The petitioner happens to be one such student who had appeared in the combined entrance examination. Charge-sheet has been filed against him too by the Central Bureau of Investigation and is an accused along with other persons. Since the investigation and the trial has dragged on many of these students had moved on in life. The High Court from time to time has granted them indulgence by way of bail or permission to pursue their studies and thereafter awaiting substantial development in the trial of the case in question. In the petitioner’s case the last of the order came to be passed on 10.12.2005 in Cr. Misc. No. 45467/05. Petitioner was permitted - 2 - to complete his studies in U.S.A. and time in this regard was granted till December, 2007. Before the expiry of the said time the present application has come to be filed for further modification or appropriate order keeping in view the subsequent developments which had taken place in the life of the present petitioner. Petitioner states that after successful completion of his studies in U.S.A. he has been given employment by one of the leading companies in America and in support thereof he has brought on record the letter of appointment as Annexure-3 dated 22nd October, 2007. He now prays that in view of his successful completion of his education and the corresponding employment offered, Court should give him indulgence by extending the time granted earlier so that he can carry on with his life and employment without let or hindrance as of now. A categorical statement has been made by the learned senior counsel appearing for the petitioner that the application is not a ploy to run away from the rigors of law. Petitioner is willing to surrender to the majesty of law as and when it is required to be done but asking the petitioner to come back to India and hang around for years together awaiting the trial to begin or end may be unfair to him, keeping the ground reality that the investigation was started way back in 1996 and the matter is still hanging in 2009. Learned counsel representing the Central Bureau of Investigation states that even if the indulgence is granted to the petitioner, the petitioner must be directed to appear in the trial Court as and when required and he should file a categorical affidavit before the trial court in - 3 - this regard. The anxiety of the counsel for the Central Bureau of Investigation to procure attendance of the petitioner so that trial does not get derailed or delayed can be well understood but keeping in mind the ground reality that prosecution of such kinds carry-on for years and time cannot standstill for any accused, the Court is inclined to grant liberty to the petitioner to carry-on with his employment or his avocation with a categorical direction that the petitioner will be alert enough to respond to any direction which may be passed by the court below. If his personal presence is required under law for the trial he will have to ensure the same. But it is also clarified that his presence either through himself or through his counsel may be permitted in accordance with law depending on the stage of the trial. The application is allowed with the direction as above. Pawan/- (Ajay Kumar Tripathi, J.)