IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36632 of 2009 BRAHAMA GOPE @ VERMA SINGH S/O LATE JAGDEO SINGH VILL- KOHAMA, P.S. DANIYAMAN, DISTT. PATNA Versus THE STATE OF BIHAR ----------- 02. 18.11.2009 Petitioner was taken in custody on 10.9.2007 when Daniyawa P.S.Case No. 27 of 2007 came to be instituted under sections 341, 323, 384 and 506/34 of the Indian Penal Code. The case was instituted on the basis of information given by one Lalita Devi who is a member of Panchayat Samiti. She alleged that she started work of Khusrupur Block Yojna No.20/06, which was for construction of boundary wall of a Primary School but accused persons including the petitioner came armed with sophisticated weapons, stopped the work and demanded rangdari to the tune of Rs.50,000/-. The case was lodged, investigation made and chargesheet filed. Submission of the learned senior counsel for the petitioner is that for the offence alleged petitioner has remained in custody as under-trial prisoner long enough, almost two years now and the trial has not proceeded beyond a point. If the petitioner is granted bail he shall co-operate in the trial. One aspect which shall be taken note of, is that petitioner is having cases pending against him and there is reflection that petitioner is attempted to use strong arm tactics. If that be so, certain conditions are required to be laid down before he is enlarged on bail. - 2 - Let the petitioner Brahama Gope @ Verma Singh be enlarged on bail on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the court of Shri P K Singh, Judicial Magistrate, 1st Class, Patna City in Daniyawa P S Case No.27 of 2007 ( G R No. 866 of 2007). One of the surety will be executed by the wife of the petitioner and the other by a close blood relation of the petitioner on due identification. The petitioner shall not intimidate or threaten any witness and shall not indulge in any other criminal activity and commit any serious offence. He shall also co- operate in the trial by appearing on each and every date either through himself or through his counsel before the trial court and shall not abscond. If the petitioner breaches any of the condition indicated above, the prosecution will have freedom to seek cancellation of his bail. rkp (Ajay Kumar Tripathi, J)