Upendra Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1838 of 2018 ====================================================== Upendra Kumar Singh S/o Late Daya Singh, Resident of Village- Nad, P.S.- Shivsagar Baddi, District- Rohtas Presently residing at Mohalla- Gaurakshani Gajrarh, P.S.- Sasaram Model, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Divisional Commissioner, Patna.

3.

The District Magistrate, Rohtas Sasaram.

4.

The Superintendent of Police, Rohtas Sasaram. 5.

The Officer-in-Charge of Sasaram Model Police Station District- Rohtas Sasaram.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Respondent/s :

Mr. Dhurvendra Kumar, GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2022 Though the present writ petition has been filed for quashing the order dated 5.8.2014 passed by the learned court of District Magistrate, Rohtas at Sasaram in Arms Case No. 2/2010 whereby and whereunder the arms license of the petitioner has been cancelled as also the order dated 10.10.2017 passed by the learned Divisional Commissioner, Patna in Arms Appeal No. 96/2015, which has been dismissed, but the learned counsel for the

Patna High Court CWJC No.1838 of 2018(4) dt.01-08-2022 2/3 petitioner has limited his prayer to grant of liberty to the petitioner to again approach the District Magistrate, Rohtas at Sasaram for grant of arms license immediately upon him retiring from the service of Border Security Force, which may be directed to be considered by taking into account the fact that the arms license of the petitioner was cancelled only because the petitioner is working with the Border Security Force, thus he cannot keep arms at his place of posting resulting in him keeping the arms at his home, which can be misused.

Accordingly, the present writ petition stands disposed of with liberty to the petitioner to apply afresh for grant of arms license immediately upon retirement from Border Security Force and in case, such an application is made, the same shall be considered by the District Magistrate, Rohtas at Sasaram and appropriate orders shall be passed thereon within a period of twelve weeks thereafter, especially taking into account the fact that upon retirement, he would be keeping the arms with

Patna High Court CWJC No.1838 of 2018(4) dt.01-08-2022 3/3 himself.

(Mohit Kumar Shah, J) Ajay/- U