Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10461 of 2024 ====================================================== Ajay Kumar Son of Sri Vijay Kumar Yadav Resident of - 33 Anandpuri, West Boring Road, near S.B.L. P.S.-S.K. Puri, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Government of Bihar 2.

The Divisional Commissioner, Patna, Division, Patna 3.

The District Magistrate, Patna.

4.

The Senior Superintendent of Police, Patna.

5.

The Additional District Magistrate, (Arms), Patna. 6.

The District Arms Magistrate, Patna.

7.

The Sub-divisional Officer, Sadar, Patna.

8.

The S.H.O., S.K.Puri Police Station, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Manisha Pandey, Adv.

For the Respondent/s :

Mr.Vinay Kirti Singh, GA-2 Mr.Ranjan Prakash, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application for issuance of writ(s) of Certiorari calling for the records of the case or other appropriate writ to set aside the order contained in Memo No. 354/Arms dated 25.01.2024 passed in Arms Case No. IX145//2021 of the District Magistrate, Patna whereby and where under the petitioner's application for grant of one N.P.Bore Rifle and N.P. bore Revolver / Pistol license has been rejected in contravention of section 14 of the arms

Patna High Court CWJC No.10461 of 2024(2) dt.01-08-2024 2/3 act 1959 and also without considering the threat perception as well as materials on record."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 25.01.2024, passed by the District Magistrate, Patna, whereby and whereunder the application filed by the petitioner for grant of arms license has been rejected, by filing appropriate appeal under Section 18 of the Arms Act, 1959, as also seeks a direction upon the Appellate Authority to consider the fact regarding the petitioner having sustained grievous injury in a murderous attack made upon him pertaining to which an F.I.R. bearing Danapur P.S. Case No.68 of 2012, has been registered.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to file appropriate appeal against the aforesaid order dated 25.01.2024, passed by the District Magistrate, Patna, and in case such an appeal is filed within a period of four weeks from today, the Appellate Authority shall consider the same on merits, as also shall take into consideration the murderous attack made upon the petitioner earlier and pass a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

Patna High Court CWJC No.10461 of 2024(2) dt.01-08-2024 3/3

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

(Mohit Kumar Shah, J) sonal/- U