Debashis Porey v. State Of West Bengal

12.08.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 3878 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kanksa Police Station Case No. 140 of 2022 dated 24.04.2022 under Sections 420/467/468/471 of the Indian Penal Code. And In Re : Debashis Porey ...... petitioner Ms. Surashi Baidya Mr. Abhisek Dutt Ms. Fauzia Ahmed Ms. Rupa Singh ....for the petitioner Mr. Madhusudan Sur Mr. Manoranjan Mahata ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner holds valid degree of pharmacy. By virtue of his degree in pharmacy he can practice medicine. Learned advocate appearing for the State submits that, the petitioner was attending and treating patients claiming himself to be a doctor by using a registration of a different doctor. One patient who was treated by the petitioner died pursuant to which the police complaint was lodged. The degree held by the petitioner may or may not permit him to treat patients. But that does not entitle him to use the registration number of another doctor to claim for himself the right to treat patients. In view of the petitioner dealing with the

public claiming himself to be a doctor and using a registration number of a different doctor and in view of the materials in the case diary, the gravity of the offence and the involvement of the petitioner therein, we are of the view that immediate custodial interrogation of the petitioner is required.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 3878 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)