IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40656 of 2009 BHOLA ROY & ANR Versus STATE OF BIHAR ----------- 2/ 07.01.2010 Heard. All sections of the Penal Code being bailable except section 379 of the Code, which is submitted to be ornamental with a purpose of fattening the allegation, the petitioners are directed to surrender in the court below. It appears that there is long standing dispute between the parties and they are leading at different fora. The court below is advised to keep in its mind that mere assertion of section or any special enactment in the FIR is never sufficient for refusal of the prayer for bail. The prayer for bail has to be adjudicated strictly as per the individual allegations appearing against an accused and that too after considering his defence. I believe that the court acts as per the above principle and passes the order on the prayer for bail as and when the petitioners surrender without being prejudiced by the fact that the petitioners had preferred an application for anticipatory bail up to this court. The petition stands disposed of with the aforementioned observation/direction. Anil/ (Dharnidhar Jha, J.)