IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17977 of 2010 1. CHANDESHWAR CHAUDHARY @ CHANDA CHAUDHARY 2. GOPICHAND CHAUDHARY Versus THE STATE OF BIHAR . ----------- 2/ 15/06/2010 Heard learned counsel for the petitioner and learned counsel for the State. The defence of the petitioner in a police case is that all sections are bailable except for Section-379 of Indian Penal Code when the dispute is between co- villagers with regard to sugarcane and there is a counter case. Learned counsel for the State points out that the impugned order of rejection states that a case under Section-307 of Indian Penal Code may be made out in view of the nature of the assault. An application for bail has to be considered on basis of the allegations made out and the provisions of the Indian Penal Code applied by the police and not what the court may think fit in its wisdom when cognizance has not been taken under serious sections. Having considered the facts and circumstances of the case let the petitioners above named surrender before the court below within four weeks when they shall be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.20,000/- (twenty - 2 - thousand) each along with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Bagaha P.S. Case No.9/2010 subject to the conditions laid down under Section-438(2) Cr.P.C. KC ( Navin Sinha, J.)