1. Heard the parties.

2. This application has been filed against the order dated 9.4.2008 by which the discharge application of the petitioners has been rejected in Complaint Case No. 950(C) of 2004, passed by Sri Manoj Kumar Rai, Chief Judicial Magistrate, 1st Class, Biharsharif, Nalanda. The petitioners were accused of an offence under Sections 385 and 379 of the Indian Penal Code.

3. The allegations in the complaint petition in short are that the complainant was intending to make some constructions on plot nos. 1204 and 1206 as described in the complaint petition. It is alleged that the petitioners alongwith others came to plots in question and demanded a sum of Rs. 50,000/- for allowing the complainant to make constructions and also allegedly commited theft, by taking away one quintal of iron rod and 10 bags of cement.

4. The contention on behalf of the petitioners is that the case is false and fabricated, it has been instituted maliciously and the complainant has no right or title over the land in question, whereas the case of the complainant is that he has validly purchased the land from the co- sharer of the petitioner no. 1, the decree on which the complainant reli