IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10058 of 2009 RAJ KUMAR YADAV, SON OF MUKHTAR YADAV, RESIDENT OF VILLAGE GARHA, P.S. UDAWANT NAGAR, DISTRICT BHOJPUR (ARRAH) …………………………………………...PETITIONER Versus THE STATE OF BIHAR………………………….. OPPOSITE PARTY -------- 2. 01.05.2009 Heard learned counsel for the petitioner. No one appears for the State. The case is under sections 406 and 420/34 of the Indian Penal Code. The allegation against the petitioner is of cheating the informant and taking away Rs.20,000/- and a motor cycle with promise to give him a job. The petitioner is said to be an army personnel. Learned counsel for the petitioner submits that the petitioner and his wife remained in custody for quite some time and thereafter wife of the petitioner has been granted bail by the court below whereas bail of the petitioner has been rejected and the army authority has suspended the petitioner. Considering the fact that the petitioner is army personnel, this application is allowed. Petitioner (Raj Kumar Yadav) is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to - 2 - the satisfaction of Sri K.K. Singh, Judicial Magistrate, Ist Class, Ara in Trial No.1012 of 2008 arising out of Ara Muffasil P.S. Case No.227 of 2008. However, this order will not come in the way of the Army Authority and superiors of the petitioner to take disciplinary action against the petitioner and pass appropriate order in the matter of continuance of his service or otherwise. B.T (J.N Singh, J)