Reyasatullah Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6772 of 2023 ====================================================== Reyasatullah Khan, Son of Late Kalimullah Khan, resident of village, P.O. and P.S.-Nauhatta, District-Saharsa.

... ... Petitioner

Versus

1.

The State of Bihar through the Home Secretary, Old Secretariat, Bihar, Patna.

2.

The Commissioner-cum-Appellate Authority, Koshi Division, Saharsa. 3.

The District Magistrate-cum-Licensing Officer, Saharsa. 4.

The Arms Magistrate, Saharsa.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Prasad Singh, Advocate For the Respondent/s :

Mr. Sheo Shankar Prasad (SC-8) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-01-2024 Heard learned counsel for the parties.

2.

The application of the petitioner for grant of arms license has been rejected by the District Magistrate, Saharsa on the ground that no proof of any threat of life and property of the petitioner could be produced by him before the authority. The licensing authority has rejected the application of the petitioner at that stage, which has been affirmed by the Commissioner, Koshi Range, Saharsa.

3.

The petitioner may file an application before the District Magistrate, Saharsa along with the proof of threat of his life and property, which will entitle him for grant of arms license.

Patna High Court CWJC No.6772 of 2023(3) dt.02-01-2024 2/2 4.

If such an application is filed by the petitioner, the District Magistrate, Saharsa will consider and decide the same in accordance with law without being influenced by his earlier order dated 23.12.2020 which has been affirmed by the Commissioner.

5.

With the aforesaid observations and directions, this writ petition stands disposed of. (Sandeep Kumar, J) pawan/- U