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Judgment
Through the present petition, the petitioner has prayed for grant of anticipatory bail in FIR No.159 dated 15.06.2026 under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘BNS, 2023’) (Sections 316(4) and 408 of BNS, 2023 were added later on) registered at Police Station Dharamkot, District Moga.
As per the prosecution case, on the intervening night of 16/17.03.2026, 13900 tablets of Buprenorphine 0.2 mg and 460 tablets of Buprenorphine 0.4 mg were stolen from Aam Aadmi Clinic, Kishanpura Kalan and 12778 tablets of Buprenorphine 0.4 mg were stolen therefrom on 22.05.2026. In the FIR itself, the petitioner and co-accused Love Kumar have been named as being suspects of committing the said theft.
Apprehending his arrest in the FIR in question, the petitioner, therefore, is for anticipatory bail.
Learned counsel for the petitioner has argued that the petitioner was appointed in the said clinic only on 05.04.2026 and therefore, there is no possibility of he committing the alleged theft on the intervening night of 16/17.03.2026; and that FIR in the present case was lodged after a long and inordinate delay.
After hearing learned counsel for the petitioner, I am of the considered opinion that there are serious allegations against the petitioner and his co-accused of having committed theft of the abovestated tablets which in fact are narcotic drugs in terms of provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. Nothing has been brought to my notice that the said drugs were recovered subsequently.
Learned State counsel on advance notice states that the petitioner is required for recovery of the said tablets.
In view thereof and considering the serious nature of the allegations against the petitioner, arguments of the learned counsel for the petitioner in respect of grant of anticipatory bail to him cannot be accepted. Petition is accordingly dismissed.
Interim application/s, if any, stand/s disposed off.
