IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26543 of 2008 SUNIL DAS Versus STATE OF BIHAR - - - - 2. 16.7.2008 Heard. As per the allegation in the F.I.R, the petitioner is said to have pierced his bhala into the chest of the deceased. The contention is that it could not be a case under Section 302 of the Indian Penal Code as the fact that the deceased was urinating on the logs of wood belonging to the accused could have ignited his mind so as to doing the act at the spur of the moment. The above question will be decided only when the court takes evidence during the trial. As regards the allegation,it categorises the petitioner as the assailant of the deceased, considering which the petition is dismissed. Kanth ( Dharnidhar Jha, J.)