Raghvendra Narayan Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12155 of 2014 ====================================================== Raghvendra Narayan Singh S/o Sri Bharat Sharma Resident of Mohalla Ward No. 17, Dharauni Tola, P.S- Mokama, District- Patna .... .... Petitioner
Versus
1. The State of Bihar
2. The Commissioner, Patna Division, Patna.
3. The District Arms Magistrate-cum- District, Magistrate, Patna.
4. The Additional District Magistrate, Patna.
5. The Senior Superintendent of Police, Patna.
6. The A.S.P. Barh, District, Patna.
.... .... Respondents ====================================================== Appearance :
For the Petitioner : Mr. Murari Narain Chaudhary, Mr. Vijay Kumar, Advocates For the State : Mr. Sanjeev Kumar Singh, A.C. to S.C.12 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 25-01-2016 Heard learned counsel for the petitioner and the State.
Petitioner seeks quashing of the order dated 26.03.2013 (Annexure 1) passed by the District Magistrate-cum-Licensing Authority, Patna by which, he has rejected the application of the petitioner on the ground of lack of any evidence in favour of the petitioner showing threat upon the life or property. In my view, this issue is no longer res integra as this Court in Manish Kumar Vrs. State of Bihar and other analogous cases [AIR 2016 Patna 9] has already held that lack of production of evidence regarding threat perception cannot form a
Patna High Court CWJC No.12155 of 2014 (2) dt.25-01-2016 2 / 2 ground for rejection of application for grant of arms licence to the petitioner.
Accordingly, this application succeeds. The impugned order, as contained in Annexure 1, is quashed and set aside. The matter is remitted back to the Licensing Authority for taking 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.
(Dr. Ravi Ranjan, J) Sanjay-II/- U