Patna High Court
Chandan Kumar DasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 64(2)
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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