IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47443 of 2008 MD.MAHTAB KHAN Versus THE STATE OF BIHAR ----------- 2. 3.12.2008 Heard Sri Md. Shakil Ahmad Khan, Senior Advocate for the petitioner and the learned A.P.P. for the State. The police learnt that some anti-social elements had assembled at a particular place on the high way and were attempting to extort from the trucks plying on the road. The further allegation is that when the police was attempting to bring things in order by ordering the trucks to queue up, the petitioner raised an objection to that and subsequently that some scuffles and ultimately the arrest of the petitioner while he was attempting to run away. The contention is that the petitioner was never amongst the persons nor there was any such incident and if at all the police was making the things orderly why should the petitioner raise any objection to that. The contention further is that of the Sections under which the FIR has been drawn up, it is doubtful that Section 384 IPC could be bailable under the facts of the case. The contention further is that in fact the police appears acting under some sort of misconception or misunderstanding and remanding the petitioner to custody after picking him up illegally. Be that as it may, regard being had to the facts of the case and the contentions, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Sherghati at Gaya in Barachatti P.S.Case No.294 of 2008. B.Kr. ( Dharnidhar Jha, J. )