Page No.# 1/4 GAHC010289782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3059/2025 TAJ UDDIN BARBHUIYA S/O LATE MUDORISH ALI BARHUIYA, R/O VILLAGE SONABARIGHAT PART-I, P.O. SONABARIGHAT, P.S. SONAI, DISTRICT CACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR. Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM Advocate for the Respondent : PP, ASSAM, Linked Case : AB/2941/2025 TAJ UDDIN BARBHUIYA SON OF LATE MUDORISH ALI BARBHUIYA R/O VILL- SONABARIGHAT PART-I P.O. SONABARIGHAT P.S. SONAI DIST. CACHAR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Page No.# 2/4 ------------ Advocate for : MR. A M BARBHUIYA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 30.03.2026 Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned APP for the State. Invoking the provisions of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks anticipatory bail in connection with Silchar P.S. Case No. 1170/2025 and Silchar P.S. Case No. 1274/2025, registered under Sections 125/271/316(2)/336(2) of the Bharatiya Nyaya Sanhita, 2023, corresponding to G.R. Case No. 1932/2025 and G.R. Case No. 2080/2025 respectively. The case originates from an FIR dated 15.10.2025 lodged by Dr. Abhijit Neog, Anti-Quackery and Vigilance Officer, Assam Council of Medical Registration, under the Directorate of Medical Education, Assam. The allegation against the present petitioner is that he has been falsely projecting himself as a qualified medical practitioner and treating patients without possessing any legally recognized medical qualification. It is further alleged that the petitioner is not registered in the State or National Medical Register maintained by statutory bodies, including the Assam Council of Medical Registration, which is mandatory for any person to practice medicine or represent himself as a doctor. Initially, the FIR was registered at Sonai Police Station. However, upon Page No.# 3/4 finding that the alleged acts fell within the territorial jurisdiction of Silchar, the case was transferred, leading to the registration of Silchar P.S. Case No. 1170/2025. The petitioner was granted interim bail vide order dated 16.12.2025. Drawing the attention of this Hon’ble Court to Annexure-3, which is a certificate issued by the Council of Alternative Systems of Medicine, West Bengal, learned counsel for the petitioner submits that the petitioner holds a registration bearing No. 13415 dated 18.11.1998. It is contended that the petitioner has not been practicing modern medicine and that he has undergone training in an alternative system of medicine. It is further submitted, by referring to the relevant documents annexed to the petition, that the petitioner was appointed as a teacher in an LP School in the year 2017, and his service was subsequently regularized in September, 2024. It is submitted that on the basis of similar and identical allegations, another FIR came to be lodged, pursuant to which Silchar P.S. Case No. 1274/2025 was registered. The petitioner has also sought anticipatory bail in connection with the said case, and it is submitted that in the said matter as well, the petitioner was granted interim bail by this Hon’ble Court vide order dated 16.12.2025. The case diary has been received. Learned Additional Public Prosecutor submits that, in the meantime, both the aforesaid cases have been amalgamated, and a common case diary is being maintained in respect of the amalgamated matter. It is further submitted that the investigation has made progress, though the same has not yet been completed. Page No.# 4/4 It is further submitted that, during the course of investigation, a prescription dated May, 2025 was seized, which indicates that the petitioner, by prefixing the term “Doctor” to his name, had issued the said prescription. Drawing attention to the said document, learned Additional Public Prosecutor submits that the prescription also reflects the use of Registration No. 13415 for the purpose of practicing in the State of Assam, thereby disputing the contention advanced by learned counsel for the petitioner. Attention has also been drawn to the statements of witnesses recorded during investigation, who have produced and supported the said material. Two of the witnesses have categorically stated that they know the petitioner as a practicing doctor and that he has been practicing at a medical centre. This Court is of the opinion that practicing in a scientific field such as medical science without possessing the requisite qualifications amounts to quackery and has the potential to endanger the lives and health of unsuspecting and gullible patients who may approach such persons under the belief that they are duly qualified medical practitioners. Considering the materials that have surfaced during the course of investigation, this Court is of the considered view that the present case is not a fit case for the grant of anticipatory bail, at this stage. In view of the above, the interim bail granted to the petitioner stands vacated, and the instant bail petition is rejected at this stage. The case diary be returned. JUDGE Comparing Assistant