IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51680 of 2008 1. MUKESH YADAV 2. BIMLESH YADAV Versus THE STATE OF BIHAR ----------- 2/ 14/01/2009. Heard learned counsel for the petitioners and learned counsel for the state. The petitioners’ prayer for anticipatory bail in a complaint case under Sections- 302 and 364 of I.P.C. was rejected on 28.11.2008 in Cr. Misc. No.47305/08 even though the petitioners had relied upon the grant of anticipatory bail to co-accused in Cr. Misc. No.35860/08. The distinction drawn was with regard to the viscera report confirming presence of poisonous substance un the U.D. Case lodged earlier. Learned counsel relies upon an order of this Court in Cr. Misc. No.47911/08 granting anticipatory bail to other co-accused noticing the statement of the uncle of the deceased that the victim was of unsound mind and had apparently consumed some poisonous substance himself when the attention of the court was also drawn to the fact that the Chief Judicial Magistrate, Jehanabad in Jehanabad P.S. Case No.247/01 had granted bail to the deceased accepting the submission of his mental instability and the 2 treatment undergone for the same by him in the Institute of Psychotropic at Ranchi. 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.10,000/- (ten thousand) each along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in Complaint Case No.12/2005. KC ( Navin Sinha, J.)