A bench of justice B S Chauhan and S A Bobde granted four weeks time to Rajesh Ranjan alias Pappu Yadav to file his response on the agency's petition.
Senior advocate Mukul Gupta, appearing for CBI, contended that the Patna High Court had erred in acquitting Yadav in the murder case by disregarding statements of many key witnesses and the call records.
Yadav was accused of murdering CPI(M) MLC and trade union leader Ajit Sarkar on June 14, 1998. The case was probed by CBI. Sarkar was shot dead by unidentified persons in Bihar's Purnia district.
It had set aside the conviction and life imprisonment awarded to the controversial leader by a lower court in 2008.
The court had also directed the authorities to release Yadav from jail if he was not wanted in any other case.
Yadav, a four-time MP, had won elections to Lok Sabha in 1991, 1996, 1999, and 2004 but was debarred from contesting 2009 general elections due to his conviction in the case.
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