IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45175 of 2011 ====================================================== 1. Ram Avatar Mahto S/O Ramdhani Mahto R/O - Bharaline Mahesh Pur, P.S.- Manihari, Distt.- Katihar. .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 16-03-2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Manihari P.S. Case No. 12 of 2010 for the offences punishable under Sections 147, 148, 149, 341, 384, 386, 379, 302 and 201 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against this petitioner and nine others is of assaulting the deceased Pagal Singh by fire arms and thereafter carrying his dead body. Learned counsel for the petitioner submits that the allegation of firing is on four persons with specific allegation against Mohan Thakur of firing at the stomach and chest of the deceased and Fauzi, of firing at the leg of the deceased. It is contended that allegation of firing is made against this petitioner and Baski Thakur in a sweeping manner. The dead body of the deceased was subsequently recovered in a badly mutilated condition in which the entire body had been amputated and his head severed. Learned counsel for the petitioner endeavoured to impress upon this Court that there is no specific allegation as to the portion of the body on which the petitioner is said to have fired at the deceased. Patna High Court Cr.Misc. No.45175 of 2011 (3) dt.16-03-2012 2 This Court is not convinced with the argument of the learned counsel. Considering the heinous manner of occurrence in which the deceased has not only been shot but his entire limbs and his head has been amputated after his death, no case for indulgence is made out. This application is dismissed. Bibhash (Jyoti Saran, J)