Bhola Nath Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7222 of 2014 ====================================================== Bhola Nath Singh son of late Ram Narayan Singh resident of mohalla Mathuria, Police Station Laheri, District Bihar Sharif Nalanda ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Home Police Department, Govt. of Bihar, Patna 3.

The Deputy Secretary, Home Police Department, Govt. of Bihar, Patna 4.

The Home Commissioner, Bihar, Patna 5.

The District Magistrate, Nalanda.

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate For the Respondent/s :

Mr.Kinkar Kumar, SC 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Having regard to the time gap, the Court is not inclined to grant any indulgence to the petitioner in the present proceeding. However, liberty shall be available to the petitioner to approach the Home Secretary or the designated authority for grant of fresh licence. In case such application is filed, the concerned authority shall pass appropriate order after hearing the petitioner within a maximum period of three months after the general Parliamentary election.

So far as the release of arms sealed by the officials is concerned, the petitioner shall be at liberty to raise the issue of

Patna High Court CWJC No.7222 of 2014(6) dt.01-05-2019 2/2 unsealing and return of the arms before the authority concerned who shall pass appropriate order in accordance with law after giving opportunity of hearing to the petitioner within the same period as stated above.

The records summoned by this Court and kept with the State Counsel is directed to be returned to the concerned authority immediately.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U