IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.15297 OF 2009 BRAJ KISHORE SHAHI, SON OF LATE SHUBH NARAIN SHAHI, RESIDENT OF VILLAGE BIRPUR, POLICE STATION KANTI, DISTRICT MUZAFFARPUR, AT PRSENT MOHALLA DAMU CHOWK, POLICE STATION KAZI MOHAMMADPUR, DISTRICT MUZAFFARPUR VERSUS THE STATE OF BIHAR ******** 4 13/08/2009 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of the informant and the A.P.P. appearing on behalf of the State. The petitioner is an accused in a case under Sections 323, 406, 420, 467, 468 & 469 of the Indian Penal Code. The petitioner is in custody for six months on the allegation that he has sold a piece of land which is recorded in the name of State of Bihar. Learned Counsel for the petitioner submits that the land has wrongly been recorded in the name of State of Bihar and the petitioner has filed a title suit against the State of Bihar for correction of the jamabandi. Learned Counsel for the informant submits that the petitioner ought to return the money to him as the petitioner is unable to execute the sale deed. - 2 - Undoubtedly, the petitioner is morally bound to return the money since there is a cloud over his title. Nevertheless, for the limited purpose for which this matter is being heard, this Court directs that the petitioner should be released on bail in Kazi Mohammadpur Police Station Case No. 217 of 2008 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur. Anand ( Sheema Ali Khan, J. )