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High Court of Punjab and Haryana · body

2025 DAILYLAW 5318 (PNJ)

HARISH KUMAR @ HAPPY v. STATE OF PUNJAB

CRM-M/65068/2025 · 2026-03-18

Aman Chaudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1. BNSS for grant of anticipatory bail to the petitioner in case FIR No.155 dated 06.10.2025, registered at Police Station Doraha, under Section 21 NDPS Act, 1985 (Section 27 of NDPS Ac later on). 2. The present petition has been filed under Section 482 of BNSS for grant of anticipatory bail to the petitioner in case FIR No.155 dated 06.10.2025, registered at Police Station Doraha, under Section 21 NDPS Act, 1985 (Section 27 of NDPS Ac On 09.03.2026, this Court had passed the following order: “Learned counsel contends that the name of the petitioner surfaced based on the disclosure statements of the co-accused Harinder Singh and non-commercial quantity of contraband, it being each has been recovered and have been granted regular bail by the learned trial Court, Annexure P in any other case under NDPS Act or IPC, a fact affirmed by learned State counsel by referring to para filed by way of an affidavit of Deputy Superintendent of Police, Sub Division Payal, Police District Khanna, District Ludhiana, dated 16.12.2025, which is taken on record. The petitioner is ready and willing to when required by the investigating agency and cooperate. The present petition has been filed under Section 482 of BNSS for grant of anticipatory bail to the petitioner in case FIR No.155 dated 06.10.2025, registered at Police Station Doraha, District Khanna, under Section 21 NDPS Act, 1985 (Section 27 of NDPS Act, 1985 added , this Court had passed the following order:- Learned counsel contends that the name of the based on the disclosure statements of the accused Harinder Singh and Arshdeep Singh, from whom commercial quantity of contraband, it being 3 grams each has been recovered and have been granted regular bail learned trial Court, Annexure P-3. He is not involved NDPS Act or IPC, a fact affirmed by l by referring to para 10 of status report filed by way of an affidavit of Deputy Superintendent of Police, Sub Division Payal, Police District Khanna, District 16.12.2025, which is taken on record. The petitioner is ready and willing to join the investigation as and when required by the investigating agency and will PARVEEN KUMAR 2026.03.27 18:40 I attest to the accuracy and integrity of this order/judgment. Notice of motion. At the asking of the Court, Ms. Gagandeep Kaur, DAG, Punjab accepts notice on behalf of respondent-State. Meanwhile, the petitioner is directed to join the investigation on or before 11.03.2026. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of conditions as enshrined under Section 482(2) BNSS. However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated. Adjourned to 17.03.2026.” 3. Learned counsel submits that in pursuance of the afore- mentioned order, the petitioner has not only joined investigation but also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, he shall make himself available without demur. 4. Learned State counsel on instructions from the Investigating Officer, affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. He also submits that at this stage, the petitioner is not required for further custodial interrogation. 5. In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioner is allowed and the order dated 09.03.2026 granting interim bail to him, is hereby made absolute, subject to compliance of conditions as specified under Section 482(2) of BNSS, 2023. 6. However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to him. PARVEEN KUMAR 2026.03.27 18:40 I attest to the accuracy and integrity of this order/judgment.