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2026 DAILYLAW 13103 (GAU)

BILAL AHMED v. THE STATE OF ASSAM

Bail Appln./2232/2026 · 2026-08-24

Shamima Jahan

body2026

Judgment text

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Page No.# 1/4 GAHC010163332026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2232/2026 BILAL AHMED SON OF LATE ABDUL HANNAN, RESIDENT OF VILLAGE PODUMONI, P.O. P.S MURAJHAR, DISTRICT HOJAI, ASSAM. PIN-782439. MOBILE- 81067747282 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P. P., ASSAM. Advocate for the Petitioner : MR. S C BISWAS, MR. F A HASSAN,MR. H A TALUKDAR,MS. J GHOSH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 25.08.2026 Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/4 Sanhita, 2023 whereby the petitioner, namely, Bilal Ahmed has prayed for releasing him on bail after he was arrested on 25.07.2026 in connection with Murajhar Police Station Case No. 131/2026 corresponding to GR Case No. 724/2026 registered under Section 316(2)/319(2)/336(2)/340(2)/125/271 of BNS, 2023. 3. The FIR in connection with which the petitioner has been arrested was lodged on 30.06.2026 by Dr. Abhijit Neog, who was the Anti-Quackery and Vigilance Officer of the Assam Council of Medical Registration. It was stated, inter alia, that complaints had been received by the said Cell from various conscious citizens alleging that the petitioner was practising as a qualified and registered medical practitioner and was treating patients from his pharmacy, located at Murajhar, Hojai, without possessing any recognized qualification or registration. 4. It was further stated that the petitioner claimed to have acquired a degree of Bachelor of Pharmacology and had displayed various degrees which are not recognized medical qualifications under the National Medical Commission (NMC). It was also alleged that the petitioner had been treating patients with allopathic medicines and was displaying a registration number which was not a registration number issued by the Assam Council of Medical Registration. 5. Mr. S. C. Biswas, learned counsel for the petitioner, submits that admittedly the petitioner had acquired a degree in Pharmacology and that, after completing the course in Pharmacology, he underwent training under the Indian Rural Medical Association (IRMA), pursuant to which he was assigned a registration number. He submits that the said registration number was not issued by the Medical Council of India and that there was no intention on the part of the Page No.# 3/4 petitioner to represent himself as a doctor. He submits that although the petitioner prescribed allopathic medicines to patients, he had never claimed himself to be a qualified doctor. 6. Per contra, Mr. K. Baishya, learned Additional Public Prosecutor appearing for the State of Assam, placed reliance on the statement of the informant, wherein the informant stated that the petitioner was acting as a regular doctor and was administering medicines to patients, thereby posing a danger to public health. He also placed reliance on the statement of the accused, wherein the petitioner stated that he had been giving medicines to patients. 7. Upon consideration of the submissions made by the learned counsel for the parties, it is seen that the petitioner was running a pharmacy in the name and style of M/s New Life Medicos at Murajhar, Hojai, and that the petitioner had displayed a registration number, being 137144. It is, however, also reflected that the said registration number had been assigned to him by the Indian Rural Medical Association (IRMA) and was not a registration number assigned by the Assam Council of Medical Registration. 8. Further, it is also seen that the petitioner had stated that he had earlier been prescribing medicines to patients but had stopped the said practice for the last two years. 9. In view of the same, this Court deems it fit that the petitioner be enlarged on bail on furnishing of a bail bond of Rs.20,000/- (Rupees twenty thousand ) only with one local surety of the like amount to the satisfaction of the Chief Judicial Magistrate, Hojai at Sankardev Nagar under the following conditions:- 1. That the petitioner shall appear before the Investigating Officer and co-operate in the investigation as and when Page No.# 4/4 required; 2. The petitioner shall not leave the territorial jurisdiction of the police station, without prior written permission from Officer-in-Charge, Murajhar Police Station. 3. That the petitioner shall not hamper or tamper with the investigation in any manner; and 4. That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case. 10. If any of the conditions are found to be violated then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the petitioner. 11. Bail application is accordingly allowed. 12. Returned the Case Diary. JUDGE Comparing Assistant