IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1115 of 2009 1. ASLAM MIAN @ ASHALAM MIYAN 2. Israil Mian 3. Muslim Mian 4. Islam Mian 5. Salamat Mian 6. Nizam Mian 7. Sohrab Mian … … Petitioners Versus THE STATE OF BIHAR … … Opp. Party For the petitioners: Shri Tara Kant Jha, Sr.Adv. For the State: Shri Dashrath Mehta,APP ----------- 2. 13.1.2009 Having heard Shri Tara Kant Jha, learned Senior counsel appearing for the petitioners and learned Additional Public Prosecutor on the renewal prayer for anticipatory bail which was earlier withdrawn in Cr. Misc. No. 11839 of 2007, I simply do not wish to reconsider the matter for the simple reason that the petitioners ought to have allowed the lower court to take a view after surrendering before the original court. The original court of jurisdiction which could be that of a Magistrate must keep in its mind that individual allegation against an accused is the only factor upon which the prayer for bail has to be decided and it could never allow itself to be influenced by 2 mere insertion of a section or any special enactment as in the present case. Besides, the court below must also consider that some of the accused persons have been admitted to anticipatory bail by a Bench of this Court in Cr. Misc.No. 43277 of 2008. It is not that this Court is not inclined to consider granting prayer for anticipatory bail, what the Court visualizes is to train the courts below in the habit of granting bail, who unfortunately have fallen in the habit of not granting bail. The prayer has to be considered in the light of the above observations and strictly according to them and not otherwise. The petition is disposed of with the above observations. Kanth ( Dharnidhar Jha,J.)