IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18436 of 2011 AMAR SINGH Versus THE STATE OF BIHAR ----------- 2/ 14.6.2011 After having heard counsel for the parties, the court directs the petitioner to surrender and pray for regular bail in the court below. The court shall consider as and when the petitioner surrenders and prays for bail that the prayer for bail has to be considered in the light of the allegations, which are specifically made against a particular accused. No general allegation could be sufficient to dismiss the prayer for bail as appears done by the Sessions judge in B.P. No. 103 of 2011, which is also one of the reasons for refusing the prayer for anticipatory bail of the petitioner. The simple principle of considering the prayer for bail is to consider individual allegation looking towards the accused, his defence as also the seriousness of the offence. Besides, what the court is to consider is whether the accused shall be available for trial before the court. The section of an offence or the otherwise sensitive issues involved in the incident may not be sufficient for not granting bail to the accused. I believe that the C.J.M., Bhojpur at Arrah shall appreciate the observations of this Court and apply his minds in exercising the discretions while considering the prayers for bail in the cases of present nature. It is necessary for the parties to approach the court of C.J.M. instead of moving to the higher court for anticipatory bail in 2 such cases and thereby spoiling its time. It was a case which could best be handled by the court of C.J.M. without being feared for being castigated or pulled up by superior courts. If the C.J.M. of the district does not apply his mind in such cases, it would be unfortunate for whole of the judicial system. I believe that the petitioner shall be getting relief as and when he approaches the C.J.M. The petition is disposed of with the aforementioned observation/direction. Let this order be communicated to the court of C.J.M. Ara in connection with Udwant Nagar P.S. Case no. 164 of 2010 through FAX in case the cost is deposited by the petitioner. Anil/ ( Dharnidhar Jha, J.)