IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2424 of 2008 DR. KRISHNA PRASAD Versus STATE OF BIHAR WITH Cr.Misc.No.13488 of 2008 PINTU KUMAR Versus STATE OF BIHAR ----------- 4 19.05.2008 Heard learned counsel for the petitioner and learned A.P.P. for the State. On 16.05.2008, this Court categorically recorded directing petitioner no. 1 to produce the degrees and the qualifications which entitled him to practice as a regular doctor and also embark upon performing surgery on individuals in his nursing home. The matter was adjourned twice over for the same. Today, counsel appearing on behalf of the petitioner no.1 seeks liberty to withdraw this anticipatory bail application. This Court has certain reservation in allowing the simple prayer made on behalf of the petitioner no.1 especially in the background that the petitioner claims himself to be a qualified doctor is not in a position to satisfy this court that he is holding legal and valid degrees and licence under the law. If the petitioner does not possess a valid degree or licence not only to practice medicine but also performing surgery then it may be a case where the authority must consider whether to treat the matter to be a case of death by negligence or a much higher responsibility is called for in such matter of investigation and the proceeding. Keeping in view, that many unknowing citizens may fall 2 foul of the so-called medical service being extended by petitioner no.1 in so-called Anukul Nursing Home, this court directs the Superintendent of Police of Nalanda to get the matter investigated thoroughly with regard to the educational qualification and the degrees by virtue of which the petitioner is practicing as a doctor as well as surgeon in the District of Nalanda. In the totality of the facts and circumstances and in absence of bonafide having shown by the petitioner no.1, this Court is not inclined to enlarge him on bail. In so far as petitioner no.2 is concerned he is part and parcel of the conspiracy and therefore is equally liable in such circumstances, even his anticipatory bail is hereby rejected. Let a copy of this order be forwarded to the Superintendent of Police, Nalanda, for appropriate action at his level with a report to this court in this regard. Both the applications are hereby dismissed. Rajeev/- (Ajay Kumar Tripathi, J.)