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2021 Supreme(Pat) 377

AHSANUDDIN AMANULLAH
Santosh Mukhiya – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Uday Kumar, Advocate, Chandra Sen Prasad Singh, Advocate

JUDGMENT

Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioners on 07.07.2021, which was allowed.

3. Heard Mr. Uday Kumar, learned counsel for the petitioners and Mr. Chandra Sen Prasad Singh, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioners apprehend arrest in connection with Khajauli PS Case No. 176 of 2020 dated 30.08.2020, instituted under Sections 341, 323, 379, 324, 307, 504 and 506/34 of the Indian Penal Code.

5. Learned counsel for the petitioners submitted that petitioner no. 1 namely, Santosh Mukhiya has been arrested and, thus, he may be permitted to withdraw the petition on his behalf.

6. In view thereof, the petition on behalf of petitioner no. 1, namely, Santosh Mukhiya, stands disposed off as withdrawn and is restricted to petitioners no. 2 and 3, namely, Saroj Mukhiya and Rahul Mukhiya, respectively.

7. The allegation against the petitioners no. 2 and 3 is that petitioner no. 2 had taken away Rs. 3,800/- from the counter of the shop and petitioner no. 3 is said to have given far

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