1 2026:CGHC:23463 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4840 of 2026 1. Rajkumar Verma S/o Guharam Aged About 65 Years Resident Of Bodri Adholiya Mohalla Police Station - Chakarbhatha District- Bilaspur (C.G.) ... Applicant (In Jail) versus 1. State of Chhattisgarh Through- Excise Officer Excise Circle- Bilha District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Kunwar Lal Sahu, Advocate For Non-applicant : Ms. Sunita Manikpuri, Govt. Advocate Hon'ble Mr. Justice Parth Prateem Sahu Order on Board 21.05.2026 1. This is first application on behalf of applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as applicant is in custody since 21.4.2026 in connection with Crime No.11/2026 registered at Excise Circle Bilha, District Bilaspur (CG) for the offence punishable under Sections 34 (1) (A), 34 (1) (F), 34 (2) and 59 (A) of the CG Excise Act. 2. Case of prosecution in brief is that on 21.4.2026 based on secret information received from Informer, police SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI 2 apprehended the applicant and seized 80 bulk liter of hand- made mahua liquor (egqvk) and 90 kg of mahua lahan from his possession. Consequently, aforementioned crime was registered against applicant and he was arrested on 21.4.2026 3. Learned counsel for applicant would submit that applicant is innocent and has been falsely implicated in aforementioned crime. He submits that present application is filed on the ground that daughter of applicant is suffering from disease ‘Cancer’, she is taking treatment in Mittal Institute of Medical Science, Raipur and undergoing regular chemotherapy. He further submits that treatment of disease ‘cancer’ is very expensive and applicant being the father is having responsibility to make all necessary arrangements for treatment of his daughter. Upon asking, learned counsel for applicant submits that applicant is having a son but he is suffering with disability and not in a position to make all necessary arrangements. 4. On the other hand, learned Panel Lawyer for the State opposes submission of learned counsel for applicant and submits that illicit hand-made liquor was seized from the possession of applicant with Mahua lahan, hence he is not entitled for grant of bail. There are two criminal antecedents of the applicant of the same nature registered in the year 3 2021 and 2023 respectively. She further submits that pursuant to observation made by this Court, she has verified the factum of disease of daughter of applicant herein from the concerned police station and according to telephonic instruction received by her, daughter of petitioner is suffering with cancer disease. 5. At this stage, learned counsel for applicant would submit that in one crime applicant is acquitted from the charge and in one crime, pointed by the State Counsel, he is not accused. 6. I have heard learned counsel for the parties. 7. Though there is an objection on behalf learned State Counsel that applicant is a habitual offender, however, taking into consideration exceptional circumstance of the case that major daughter of the applicant is a cancer patient and undergoing chemotherapy regularly, as is reflecting from the medical documents annexed along with this bail application, without commenting anything on merits of case, I am inclined to grant regular bail to applicant. Accordingly, bail application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to satisfaction of trial Court concerned on the conditions that; 4 a) he shall appear before the trial Court concerned regularly on each & every date unless exempted from appearance. b) he shall not, in any manner, tamper with prosecution witnesses. c) If he is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-