IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35029 of 2009 GIRJANAND JHA & ORS Versus STATE OF BIHAR ----------- 3/ 05.01.2010 Heard. All offences under the IPC being bailable except sections 384 and 353 of the Code, the court feels that the petitioners should surrender and pray for regular bail before the court below. For the guidance of the court below, it is pointed out that the prayer for bail has never to be considered in the light of the sections of the offence or any enactment, it has always to be considered in the light of the individual allegations appearing against an accused coupled with his defence which may be placed before him. Other circumstances for grant of bail are too well known to be stated that the court must have implicit faith in the accused that he will remain present for taking justice, that he will not run away from justice, he will not tamper with the evidence and many other matters. I direct the court below to keep the above observation of this court in mind and consider the prayer for bail of the petitioners on the day they surrender before it. The petition stands disposed of accordingly. Let this order be sent to the court below, i.e., C.J.M. Araria in connection with Forbesganj P.S. Case no. 175 of 2009 through Fax at the cost of the petitioner. Anil/ (Dharnidhar Jha, J.)