Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8346 of 2024 ====================================================== Arvind Kumar Son of Sri Jay Nandan Sharma, Resident of Village - Nima, P.O.- Jamuk, P.S.-Kalpa O.P., District - Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary (Home) Police Department, Bihar, Patna.

2.

The Divisional Commissioner, Magadh DIvision, Gaya. 3.

The District Magistrate, Jehanabad.

4.

The Superintendent of Police, Jehanabad.

5.

The District Arms Magistrate, Jehanabad.

6.

The S.H.O., Kalpa O.P., District - Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kumar, Advocate For the Respondent/s :

Mr.Hitesh Suman, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of mandamus commanding and directing upon the District Magistrate, Jehanabad (hereinafter referred to as the Licensing Authority under the Arms Act 1959) to issue Arms Licence to the petitioner in accordance with the provision mentioned under Arms Act, 1959.

(ii) To direct the Respondent No.3 to issue Arms Licence to the petitioner taking into Account that petitioner's life is under threat so that he may be himself able to protect his life and property. (iii) To direct the respondent No.3 to consider and

Patna High Court CWJC No.8346 of 2024(2) dt.18-07-2024 2/2 issue Arms licence to the petitioner within a reasonable period of time as such he had applied from the same in year 2017."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the District Magistrate, Jehanabad to dispose off the pending application, filed by the petitioner for grant of arms license, within a stipulated time frame, as is fixed by this Court.

3. Per contra, the learned counsel for the respondent-State submits that in case the aforesaid application is still pending, the same shall be disposed off, within a stipulated time frame, as is fixed by this Hon'ble Court.

4. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District Magistrate, Jehanabad to dispose off the application, filed by the petitioner for grant of arms license, in case the same has actually been filed and is still pending, by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks of receipt/production of a copy of this order.

5. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U