IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3438 of 2009 MD.ENAMUL HAQUE Versus STATE OF BIHAR With Cr.Misc. No.7203 of 2009 MD.HEPSAMUDDIN @ HEPSAMUDDIN Versus STATE OF BIHAR with Cr.Misc. No.14908 of 2009 MD.KHALLAK @ MD.KHALLAD Versus STATE OF BIHAR For the petitioner : Mr. Ajay Mukherjee, Advocate Mr. Ganesh Sharma,. Advocate For the State : Mr. C. Jawahar, APP ----------- 2 22.04.2009 All the three applications arise out of the same case being Gogari P.S. case no. 209/2005 instituted under sections 467, 471 of Indian Penal Code and under section 15(2 and 15(3) of Indian Medical Council Act. This order shall govern them. As per the allegation in the F.I.R., the informant under the instruction of the government raided the Nursing Home being operated at Gogari and found that the fake doctors and paramedical personnel were involved in treating the patients at the said Nursing Home without having valid certificate. Counsel for the petitioner (Md. Enamul Haque) submits that the petitioner was found involved in carrying out pathological test. He has, in fact, valid degrees/qualification. In this connection, he draws attention of the Court to various documents placed at Annexure-2. 2 So far petitioner Khallak @ Md. Khallad is concerned, he is the fake doctor who was operating in the said Nursing Home. As about petitioner Md. Hepsamuddin @ Hepsamuddin, is concerned, the allegation in the F.I.R. is that he made an attempt to obstruct the informant from carrying out his duties of inspection of the Nursing Home whereafter the present F.I.R. was lodged. Having considered the submissions advanced on behalf of parties and after going through the materials on record,, this Court is of the view that the petitioners Md. Khallak @ Md. Khallad (Cr. Misc. No. 14908 of 2009) and petitioner Md. Enamul Haque (Cr. Misc. No. 3438 of 2009) are not entitled to be extended with the privilege of anticipatory bail. Their applications for anticipatory bail are, therefore, rejected. So far as petitioner Md. Hepsamuddin @ Hepsamuddin (Cr. Misc. No. 7203 of 2009) is concerned, the allegation is that an attempt was made to obstruct the informant from carrying out his duties. Having regard to the said fact, in the event of arrest or surrender in the court below within a period of four weeks, the petitioner Md. Hepsamuddin @ Hepsamuddin (Cr. Misc. No. 7203 of 2009) is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial 3 Magistrate Khagaria in connection with Gogari P.S. case no. 209 of 2005 subject to the condition as laid down under section 438(2) of Cr.P.C. pkj ( Kishore K. Mandal, J. )