Md. Ali Ashraf Khan @ Ali Ashraf Khan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.105 of 2017 Arising Out of PS.Case No. -217 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictVAISHALI (HAJIPUR) ======================================================

1. Md. Ali Ashraf Khan @ Ali Ashraf Khan, S/o late Anish Rahman

2. Md. Afsar Ali Khan @ Afsar Ali Khan, S/o Md. Ali Ashraf Khan, R/o Village- Mohamadabad (Kabilpur), P.S.- Sarai, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Dr. Satyendra Kumar Srivastava, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2017 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in C2A Case No. 217 of 2016 instituted for the offence under Sections 47(a) and 54 of Bihar Excise (Amendment) Act, 2016.

As per prosecution report, total 3608.640 liters of foreign liquor have been recovered from the house of the petitioner.

It has been submitted on behalf of the petitioners that earlier for the same offence, Police Case has been registered vide Sarai P.S. Case No.105 of 2016.

Learned A.P.P. has submitted that prayer for bail of the

Patna High Court Cr.Misc. No.105 of 2017 (4) dt.16-05-2017 2/2 petitioners in Sarai P.S. Case No. 105 of 2016 has been rejected by a coordinate Bench of this Court vide order dated 3.5.2017 passed in Cr. Misc. 5426 of 2017.

In such circumstances, this Court is not inclined to grant bail to the petitioners.

Prayer for bail of the petitioners stands rejected. The trial court is directed to conclude the trial within nine months. The trial court will also take into account that for the same offence, Police case has been filed vide Sarai P.S. Case No. 105 of 2016.

(Sanjay Priya, J) S.Ali/- U T