IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44971 of 2009 1. RAMESH SAH 2. BIHARI SAH 3. HARINDRA SAH ALL SONS OF KISHUN SAH, ALL RESIDENTS OF VILLAGE OF CHUHADI, P.S. CHANPATIYA, DISTRICT EAST CHAMPARAN. --- PETITIONERS Versus THE STATE OF BIHAR --- OPPOSITE PARTY ----------- 2 5.3.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Petitioners have challenged the order dated 24.11.2009 passed in Trial No. 888 of 2009 arising out of Complaint Case No. 1261 of 2004, by the Judicial Magistrate, 1st Class, Bettiah by which the Court below has rejected the prayer of discharge. Counsel for the petitioners submits that the witnesses have been examined to support the complaint case is not mentioned in the complaint petition and in the subsequent enquiry and as such no case is made out against the petitioners on the basis of the evidence of this witness. Besides this it is submitted that there is a land dispute between the parties and the petitioner is a Government servant. All these aspects of the matter would be considered during the trial of this case. The merit of the evidence led in the Court cannot be a ground for discharge of the petitioners. This application is thus dismissed. Sanjay (Sheema Ali Khan, J.)