IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42077 of 2010 YASWANT KUMAR . Versus STATE OF BIHAR . ----------- 03. 26.03.2011 Heard learned counsel for the petitioner and for the State. The submission on behalf of the petitioner in a Police Case under Sections 302/34 of the Indian Penal Code is of grant of anticipatory bail to similarly situated co- accused with common allegations in Cr. Misc. No. 21016 of 2010 noticing that contrary to the allegations for pressing of the neck, the post-mortem report showed no injury on the neck to submit that the petitioner should also be granted anticipatory bail as he remains the only 5th accused, the other four having been granted anticipatory bail. The allegations are that the petitioner and his accomplices pushed down the mother of the informant and pressed her neck, when she died. The informant is stated to be an eye witness to the occurrence. The post-mortem report at paragraph-34 of the case diary placed by the counsel for the petitioner notices that the deceased was 56 years of age. Injuries were found on the right occipital region of the head. This was not brought to the attention of the Court in Cr. Misc. No. 21016 of 2010. 2 The Court finds it difficult to grant him anticipatory bail on the principle of consisting alone. The application is rejected. Any application for regular bail on his behalf is required to be considered on its own merits without being prejudiced by the present order the facts remaining that co-accused had been granted bail. P.K ( Navin Sinha, J.)