Shashi Singh @ Shashi Kumar Singh @ Shahsi Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3484 of 2023 ====================================================== Shashi Singh @ Shashi Kumar Singh @ Shahsi Kumar Patel Son of Sri Rajendra Singh, Resident of Village- Sheon, Post- Sheon, P.S.- Bhabua, District- Bhabua.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary Bihar, Patna. 2.

The Commissioner Patna, Division Patna.

3.

The Collector Kaimur at Bhabua.

4.

The District Arms Magistrate Kaimur at Bhabua. 5.

The Superintendent of Police, Bhabua, District- Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Singh, Advocate For the Respondent/s :

Mr.Manish Kumar, GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-12-2023 Heard the parties.

2. The application of the petitioner for grant of arms license has been rejected by the Collector, Kaimur, Bhabhua in Arms License Case No. 79 of 2014-15 by order dated 04.08.2017 and the same has been affirmed by the Divisional Commissioner, Patna in Arms Appeal No. 130 of 2017 by order dated 15.09.2022.

3. Both the orders have been passed considering the fact that the petitioner has no threat perception whereas the petitioner has annexed one F.I.R. of Bhabhua P.S. Case No. 140 of 2017 to show that he is a businessman and there is a threat

Patna High Court CWJC No.3484 of 2023(3) dt.07-12-2023 2/2 perception against him.

4. Considering the aforesaid, the order dated 04.08.2017 passed by the District Magistrate and the appellate order dated 15.09.2022 passed by the Commissioner are hereby quashed.

5. The application for grant of arms license of the petitioner shall be considered and the same shall be decided by the District Magistrate after hearing the petitioner. The petitioner will file the relevant documents in support of the threat perception. The petitioner will also file the training certificate before the Collector as it is required now under the new Rules. The consideration by the Collector must be done within three months of the receipt of the application by the petitioner.

6. The application stands disposed of.

7. Let a copy of this order be communicated to the Collector, Kaimur at Bhabua for its compliance through FAX or e-mail forthwith.

(Sandeep Kumar, J) P. Kumar U