Sanjay Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3436 of 2014 ====================================================== Sanjay Ray, son of Ram Nath Ray, resident of village- Chaukhara, P.S.- Kopa, District- Saran.

.... .... Petitioner

Versus

1. The State of Bihar, through the Principal Secretary, Home Department, Government of Bihar, Patna.

2. The Divisional Commissioner, Saran, Chapra.

3. The District Magistrate, Saran, Chapra.

4. The Superintendent of Police, Saran, Chapra.

5. The Thanadhyaksh, Police Station, Kopa, Saran. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Madhaw Prasad Yadaw, Advocate For the State : Mr. Mohan Kumar Singh, A.C. to S.C.5 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-11-2015 Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by Annexure-5 which is an order dated 19.10.2013 by which the petitioner's application for grant of M.P. Bore Rifle was rejected on the ground that the petitioner could not produce any evidence regarding threat perception upon him.

This issue is covered by a Division Bench of this Court rendered in Manish Kumar and others vrs. The State of Bihar and others [2015(4)PLJR 212 holding that the same cannot make out a ground for refusal of license. Accordingly, this writ application succeeds, the impugned order as contained in Annexure-5 is quashed and set

Patna High Court CWJC No.3436 of 2014 (2) dt.23-11-2015 2/2 aside and the matter is remitted back to the licensing authority to take a fresh decision in accordance with law within a period of two months from the date of receipt/production of a copy of this order.

(Dr. Ravi Ranjan, J) N.H./- U