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Patna High Court

Irfan Ansari @ Md. Irfan AnsariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail petition was rejected, and the trial was directed to be concluded within two months.

Summary

The petitioner, Irfan Ansari, was charged in a criminal case and sought bail while the trial was nearing its conclusion. The trial court had requested a DNA profile report, which has now been produced. The High Court examined the DNA report, ordered it to be sealed, and directed its collection and submission to the trial court. The court rejected the bail application, noting that the trial was at its final stage, but instructed the trial court to complete the proceedings within two months of receiving the order. The petitioner was allowed to renew the bail plea if the trial is not concluded within the stipulated period.

Issues considered

  • What is the appropriateness of granting bail at the final stage of a criminal trial when a DNA report has become available?

Subjects

  • bail
  • DNA evidence
  • criminal procedure
  • trial management
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79232 of 2025
                    Arising Out of PS. Case No.-194 Year-2024 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
                 Irfan Ansari @ Md. Irfan Ansari S/o Late Md. Muslim Ansari Resident of
                 Village- Bihari, P.O. and P.S.- Bhagwanpur, District- Vaishali
                                                                              ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.     XXX W/o YYY Resident of Village- Bihari Nahar, P.O. and P.S.-
                  Bhagwanpur, District- Vaishali
                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Pd. Singh, Sr. Adv
                                          :       Mr. Rakesh Singh, Adv
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   03-04-2026                      Heard learned senior counsel appearing on

                   behalf of petitioner and learned APP for the State. I.O.

                   of this case is also present in terms of order dated

                   15.02.2026 of this Court.

                                 2. It is submitted that DNA profile report as

                   asked by the learned Trial Court for which matter is

                   pending for trial is now available.

                                 3. Perused the DNA profile report.

                                 4. Office is directed to seal the aforesaid DNA

                   report. I.O. is directed to collect the aforesaid DNA

                   profile report from the Criminal Department of the High

                   Court by monday i.e., 06.04.2026 and deposit the same
               Patna High Court CR. MISC. No.79232 of 2025(4) dt.03-04-2026
                                                           2/2




                         at the learned Trial Court, positively, by 07.04.2026.

                                      5. In view of aforesaid facts and circumstances

                         as mentioned above, as trial of this case is at its fag end,

                         accordingly prayer of bail of petitioner stands rejected.

                                      6. However, learned Trial Court is directed to

                         conclude the trial, preferably, within a period of 02

                         (two) months from the date of receipt of this order,

                         failing which petitioner may renew his prayer of bail, if

                         so advised.

                                                                 (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


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