IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40791 of 2008 MD.AAIS & ANR Versus STATE OF BIHAR ----------- 2. 22.9.2008 Heard. This court has pointed out to the courts below time and again that individual allegations could be the only deciding factor as regards the prayer for bail made by an accused before the court below. The courts below are never to be influenced by mere insertion of a section or a particular special nature of an enactment. But, still, as per the submission, the courts below are not acting as per the observations of this Court. It is not that the above observations is in respect of a particular case, it relates to the principle of adjudicating upon a prayer for bail. The contention is that other accused persons have been admitted to bail and petitioner no.1 Md. Aais is an old man of 71 years. Besides, the two petitioners, as may appear to the court below, do not bear any specific allegation. The court believes that the court below, i.e., C.J.M. Kishanganj in connection with Kochadhaman P.S.Case No.153 of 2006 considers the prayer for bail of the two petitioners in the light of the above observations without any prejudice towards the petitioners for preferring anticipatory bail petitions repeatedly and by considering that other similarly situated accused persons enjoy the privilege of bail. This petition is accordingly disposed of. Let this order be communicated to the court concerned through fax at the cost of the petitioners. B.Kr. ( Dharnidhar Jha, J. )