Bipin Bihari Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1939 of 2018 ====================================================== Bipin Bihari Singh Son of Late Kashi Nath Singh, Resident of VillageBasudhar, P.S.- Ithari, District- Buxar. ... ... Petitioner/s

Versus

1.

The State Of Bihar, through Principal Secretary, Home Department, Patna. 2.

The Commissioner, Patna Division, Patna.

3.

The District Magistrate, Buxar.

4.

The Superintendent of Police, Buxar.

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma, Adv.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-09-2022 The learned counsel for the parties are in agreement that the case of the petitioner is required to be considered afresh by the District Magistrate, Buxar with regard to grant of arms licence in view of amendment of the rules and coming into force of the Arms Rules, 2016, more particularly in view of Rule 11 and Rule 12 of the Arms Rules, 2016 as also in light of the judgment rendered by the Learned Full Bench of this Court in the case of Kapil Deo Singh vs. the State of Bihar and others, reported in 1987 PLJR, 387.

Accordingly, the impugned order dated 10.10.2017 passed by the learned Commissioner, Patna in Arms Appeal no.265 of 2015 and the order dated 04.05.2015, passed in Arms case no. 116 of 2009 by the District Magistrate, Buxar, are quashed and

Patna High Court CWJC No.1939 of 2018(8) dt.06-09-2022 2/2 the matter is remanded back to the District Magistrate, Buxar to reconsider the case of the petitioner for grant of arms licence in view of the law laid down by the Full Bench of this Court in the case of Kapil Deo Singh(Supra) as also in view of Rule 11 and 12 of the Arms Rules, 2016.

It is needless to state that District Magistrate, Buxar shall reconsider the case of the petitioner and pass appropriate order within a period of 12 weeks of receipt/production of a copy of this order.

The present writ petition stands disposed off on aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/Saurav U