IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18881 of 2009 1. Jag Narayan Singh, son of Late Ram Janam Singh, 2. Arun Kumar Singh, 3. Sujit Kumar Singh, 4. Pramod Kumar Singh, 5. Manoj Kumar Singh, all sons of Jag Narayan Singh, residents of Mohalla Khilanganj, PS Sasaram Town, Dist. Rohtas. 6. Radheyshyam Singh,son of Late Mahesh Singh, village Naugai, PS Darigaon, district Rohtas – Petitioners. Vs. 1. The State of Bihar, 2. Kapildeo Singh, son of Bansoopan Singh, village Dhanpurwa, PS Sasaram, District Rohtas – opposite parties. 2 12.11.2009 This application has been filed against the order, dated 11.2.2009 passed by the Subdivisional Judicial Magistrate, Rohtas in G.R. Case No. 877/2001, arising out of Sasaram (T) PS Case No. 312/2001, by which the Magistrate has refused to discharge the petitioner of the offences under sections 147, 148, 504, 386 and 341 of the Penal Code. Learned counsel for the petitioners submits that there is a case and counter case. The genesis of the occurrence is due to civil dispute. It is submitted that the petitioners have purchased a piece of land and constructed shop. Opposite party no.2 is trying to claim possession over part of the shop. It is submitted that the revenue and the other authorities have supported the fact that the petitioners are in possession and have validly purchased the land in question. This aspect of the matter would be considered by the court during the trial of this case. This court at this stage cannot evaluate the evidence. This application is dismissed. haque (Sheema Ali Khan, J.)