Patna High CourtCWJC/12054/2016allowed

Sashi Bhushan Tiwari v. The State Of Bihar And ORS

2016-11-28Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 12054 of 2016 =================================================== Sashi Bhushan Tiwari, S/o Sri Shyam Bihari Tiwari, R/o VillageBabhaani, P.O. Pasahara, P.S.-Buxar (M), Distt.-Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Buxar.

3. The Arms Magistrate, Buxar.

4. The Superintendent of Police, Buxar.

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

For the Petitioner : Mr. Rajiv Ranjan Kr. Pandey, Adv. : Mr. Kritya Nand Jha, Adv.

For the Respondents: Mr. Rajeshwar Singh- GA10 =================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 28-11-2016 Heard learned counsel for the petitioner and the State. Petitioner's application for grant of licence of firearm has been rejected on 10.02.2015, as contained in Annexure-4 passed by the Licensing Authority-cum-District Magistrate, Buxar in Arms Case No. 34/2013 on the ground of lack of evidence regarding specific threat perception. The issue is no longer res integra as this Court has considered the issues in Manish Kumar Vs. The State of Bihar and Ors. [2015(4) PLJR 212] holding that lack of evidence regarding threat perception upon the applicant cannot form a

Patna High Court CWJC No.12054 of 2016 dt.28-11-2016 ground for refusal of arms licence under Section 14 of the Arms Act.

As a result, the impugned order 10.02.2015, as contained in Anneuxre-4 is, hereby, set aside and the matter is remitted back to the authority concerned to take a fresh decision in accordance with law within a period of three months from the date of receipt/production of a copy of this order. However, it would be open to the Licensing Authoritycum-District Magistrate, Buxar to seek a fresh police report in the matter.

Accordingly, this writ petition stands allowed. Vikash/- (Dr. Ravi Ranjan, J.) AFR/NAFR NAFR CAV DATE NA Uploading Date 06.03.2017 Transmission Date NA