Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11851 of 2023 ====================================================== Amit Kumar Son of Shri Anil Kumar, Resident of Village-Bihta, Police Station-Bihta, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Patna. 2.

The District Magistrate, Patna.

3.

The Sr. Superintendent of Police, Patna.

4.

The City Suprintendent of Police, Patna West. 5.

The Sub-Divisional Officer, Danapur.

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

For the Petitioner/s :

Mr.Deepak Kumar Singh For the Respondent/s :

Mr.P.K. Verma ( Aag 3 ) Mr. Suman Kumar Jha AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-12-2023 Heard the parties.

2. This application has been filed on behalf of the petitioner for quashing the order dated 20.06.2023 passed by the District Magistrate, Patna by which the District Magistrate, Patna has rejected the application of the petitioner for grant of arms license.

3. Learned counsel for the petitioner submits that the petitioner is a jeweller and his application for grant of arms license has been rejected only on the ground that his income is around five lakhs only and there is no recommendation from the police regarding grant of arms license and the police has not

Patna High Court CWJC No.11851 of 2023(2) dt.05-12-2023 2/3 given any fact which will result in grant of arms license to the petitioner.

4. I have considered the submission of the parties.

5. Annexure I is the order of the Superintendent of Police, Patna, West dated 13.02.2018, where because of the extortion demanded from the petitioner it was directed to provide a personal security officer with revolver to the petitioner.

6. Pursuant to the extortion threat, one constable was deputed to provide security to the petitioner.

7. In the opinion of this Court, a jeweller, who is getting threat and has been given police protection deserves an arms license so that he can purchase the arms for his protection and the rejection of the application of the petitioner by the District Magistrate, Patna cannot be sustained.

8. Accordingly, this application is allowed and the impugned order dated 20.06.2023 is hereby quashed.

9. The District Magistrate, Patna is directed to consider the case of the petitioner in view of the discussions made above and passed an order in accordance with law within a period of two months from the date of receipt/communication of a copy of this order.

Patna High Court CWJC No.11851 of 2023(2) dt.05-12-2023 3/3

10. The petitioner is directed to submit the training certificate to the District Magistrate, Patna so that his application for arms license is not rejected on that ground. (Sandeep Kumar, J) Vikas/- U