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Patna High Court

Chandan Kumar DasversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application is dismissed and the trial is directed to be expedited.

Summary

The petitioner, Chandan Kumar Das, applied for regular bail in a rape case (Section 64(2) of the B.N.S.) involving a mentally challenged victim. He had been in custody since 17 September 2024 and had previously been denied bail on 2 July 2025. The petitioner’s counsel argued his clean antecedents, but the court noted the seriousness of the allegations. The bench, after hearing both sides, found no ground to revisit its earlier decision and dismissed the bail application. The court also directed that the trial be expedited.

Issues considered

  • Whether regular bail should be granted to the accused under Section 64(2) of the B.N.S. in a rape case involving a mentally challenged victim
  • Whether the earlier bail denial order can be reviewed
  • Whether the trial should be expedited

Legislation cited

Subjects

  • regular bail
  • rape
  • mentally challenged victim
  • Section 64(2) B.N.S.
  • trial expedite
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10349 of 2026
                      Arising Out of PS. Case No.-529 Year-2024 Thana- JAKKANPUR District- Patna
                 ======================================================
                 Chandan Kumar Das Son of Raj Kumar Das R/o - Village - Sakari, P.S. -
                 Manigachhi, Distt. - Darbhanga.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Kusum Rani, Advocate
                 For the Opposite Party/s :       Mr.Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-02-2026                    Heard the parties.

                                 2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with Jakkanpur P.S. Case No.

                   529 of 2024 registered for the offence under Section 64(2) of the

                   B.N.S. Earlier the bail application of the petitioner was rejected

                   vide order dated 02.07.2025 passed in Cr. Misc. No. 8375 of

                   2025 which reads as under:-

                                               Heard learned counsel for the petitioner and
                                   learned APP for the State.
                                               2. The petitioner seeks regular bail in
                                   connection with Jakkanpur P.S. Case No. 529 of 2024
                                   registered for the offence under Section 64(2) of the BNS.
                                               3. As per the prosecution case, the petitioner
                                   is accused of committing rape with the victim girl who is
                                   mentally challenged.
                                               4.     The petitioner is in custody since
                                   17.09.2024 and the witnesses have supported the
                                   allegations.
                                               5.    Considering the serious allegations of
                                   rape levelled against the petitioner , this Court is not
              Patna High Court CR. MISC. No.10349 of 2026(2) dt.16-02-2026
                                                          2/2




                                        inclined to grant bail to the petitioner.
                                                    6. Accordingly, this application is dismissed.
                                                    7. The trial is directed to be expedited.

                                     3. It has been submitted by the learned counsel for the

                        petitioner that petitioner has clean antecedent and he is in

                        custody since 17.09.2024.

                                     4. Considering the gravity of offence, this Court finds

                        no ground to review its earlier order.

                                     5. Accordingly, this application is dismissed again

                        with direction to the concerned court below to expedite the trial.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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