IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12767 of 2011 Ashok Kumar Patel, son of late Nathuni Prasad, resident of village + Post Office – Ram Nagar (Purani Bazar), Police station – Ram Nagar, District – West Champaran Versus 1. The State of Bihar through The Chief Secretary, Bihar Patna. 2. The Dist. Magistrate, West Champaran at Bettiah. 3. The Sub Division Officer Bagaha , West Champaran ,Bettiah. 4. The Deputy Collector Land Reforms, Bagaha, West Champaran, Bettiah. 5. The Establishment ,Deputy Collector West Champaran (Bettiah). 6. The Circle Officer, Bhitahan West Champaran at Bettiah. 7. The Deputy Treasury Officer, Bagaha , West Champaran, Bettiah. ----------- For the petitioner : M/S. Gyan Prakash and Sharwan Kumar. For the State; Mr. Kumar Sachin-GP 24. ____ 02. 28.9.2011 Petitioner has assailed the order of suspension which came to be passed on 21.4.2008. The impugned order is Annexure-1. The reason for suspension of the petitioner is that he was taken in custody after he became an accused in a case under section 302 read with section 120B of the Indian Penal Code. Petitioner thereafter has been released from custody. He wants quashing of the order of suspension as well as his reinstatement. Taking cue from the ratio decided by a Division Bench of this Court in the case of Anand Swarup alias Anand Swaroop vs. State of Bihar and others, 2011 (2) PLJR 1021, the moment petitioner is released from custody he has a right to join the post and to that extent he will be treated to have been released from suspension. It is, however, left open to the authorities to decide 2 whether the petitioner is required to be put under suspension in the background under which initial order came to be passed but for that a fresh order of suspension is required to be passed. In view of the same Anneuxre-1 stands quashed. Writ is allowed. rkp ( Ajay Kumar Tripathi, J.)