One of the judges of the division bench of justices Ashim Kumar Roy and I C Das was not inclined to hear the matter on personal ground.
The petition would now be referred back to the Chief Justice of the high court and would be freshly assigned to a different division bench for hearing.
Mitra, whose bail prayer was rejected on February 11 by the Alipore district and sessions judge, had then filed the bail prayer before the high court.
The IPC sections earlier slapped against Mitra mandated the charge sheet to be filed within 60 days of arrest. He had been charged under sections 420 (cheating) and 120B (criminal conspiracy) of IPC.
CBI had moved the court of additional chief judicial magistrate at Alipore Court seeking incorporation of Section 409 (criminal breach of trust by a public servant) of IPC which allows a charge sheet to be filed against an accused within 90 days of arrest.
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