Page No.# 1/4 GAHC010158262026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1731/2026 SRI JIBAN CHANDRA DEKA S/O LATE BHADRESWAR DEKA, PERMANENT R/O VILL NIZ SARABARI, RAJGHAT CHOWK, NAMKHOLA BAZAR BURHAKHAT, UNDER SIPAJHAR POLICE STATION, DIST DARRANG, ASSAM, PIN 784147 VERSUS STATE OF ASSAM REPRESENTED BY THE PP, ASSAM, Advocate for the Petitioner : MR Z KAMAR, P D CHOUDHURY,MR S J CHOUDHURY,MR R SARKAR,MR. BISWAJIT TALUKDAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 31.07.2026 Heard Mr. Z. Kamar, learned Senior Counsel assisted by Mr. S.J. Choudhury, learned Counsel for the petitioner and Ms. S.H. Bora, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for bail in connection with Sipajhar Police Station Case No.71/2026 registered under Sections 319(2)/316(2)/336(2)/125/271 of the BNS, 2023. The FIR in connection with which the petitioner is apprehending arrest was lodged by the Authorized Officer of Assam Council of Medical Registration on 07.01.2026, by which it was stated that the petitioner was practicing as a doctor at a clinic from his residence and that the petitioner had claimed to be a qualified Medical Practitioner by displaying certain medical degrees as is evident from the prescription letter head. It was also mentioned that the petitioner use to write his degrees as B.Sc. B.I.A.M. (A.M.), Calcutta and that he displays a registration number of the same. The allegation against the petitioner is that he has been practicing as a doctor although he does not have the required qualification for the same. 3. The learned Senior Counsel for the petitioner submits that the petitioner was ascribed with the degree of Bachelor of Indo-Allopathy Medicine, 1997 by the concerned institute of West Bengal and the same was accepted by Indian Medical Council, Government of India. By the said certificate, he was also allowed to use the suffix B.I.A.M after his name and as such, the learned Senior Counsel submits that he had used the said suffix during his practice days. The degree was given to him in the year 1997. The learned Counsel further submits Page No.# 3/4 that as of now the petitioner is no longer practicing in Alternative Systems of Medicines as the same has been de-recognized in view of the judgment passed by the Kolkata High Court. The learned Senior Counsel further submits that the petitioner is running a pharmacy as of today as he has annexed the relevant certificate in the instant petition. 4. On the other hand, Ms. S.H. Bora, learned Additional Public Prosecutor for the State submits that the said degree claimed by the petitioner is no longer valid and as such in the year 2026, the FIR was lodged by the said council. She further submits that as per the judgment of the Kolkata High Court, the concerned person cannot use the suffix B.I.A.M. after his name as well as the prefix "Dr" with his name as held by the Hon'ble Kolkata High Court. 5. Upon consideration of the submissions made by the learned Counsels for the parties and more so, in view of the fact that the petitioner is no longer practicing in Alternative Medicine, this Court finds it fit to enlarge the petitioner on pre arrest bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of Arresting Authority under the following conditions: i) the petitioner to appear before the Investigating Officer within a period of 10 days from the date of the order. ii) the petitioner will appear before the Investigating Officer thereafter as and when called for. iii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iv) the petitioner will not leave the place of jurisdiction without the permission of the Arresting Authority. Page No.# 4/4 iv) if the petitioner fails to appear before the Investigating Officer within the stipulated date, his bail order will be amenable for cancellation by the concerned Court. 6. Petition is disposed of. JUDGE Comparing Assistant