Patna High CourtCWJC/23548/2013allowed

Nripendra Kumar Ranjan v. The State Of Bihar And ORS

2015-09-15Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23548 of 2013 =========================================================== Nripendra Kumar Ranjan, S/O Sri Krishan Kumar, Resident of J-15, P.C. Colony, P.S. Kankarbagh, District- Patna .... .... Petitioner

Versus

1. The State of Bihar through Home Secretary, Govt. of Bihar.

2. District Magistrate, Patna.

3. District Arms Magistrate, Patna.

4. Additional District Magistrate (Arms), Patna.

5. Divisional Commissioner, Patna Division, Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate : Mr. Pankaj Kumar Singh, Advocate For the Respondent/s : Mr. Devendra Kr Sinha, AAG-2 : Mr. Abhinay Raj, AC to AAG-2.

=========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 15-09-2015 I have heard learned counsel for the petitioner and the State.

The order dated 4.10.2013 passed by the licensing authority-cum-District Magistrate, Patna is under challenge in this writ application by which the petitioner's application for grant of licence of N.P.Bore Revolver/pistol has been rejected on the ground that there is lack of any evidence regarding threat perception upon the petitioner.

This issue is no longer res-integra. This Court vide its decision dated 11.08.2015 passed in CWJC No.18535

Patna High Court CWJC No.23548 of 2013 dt.15-09-2015 2/2 of 2011 and other analogous matters has already decided that the lack of evidence regarding threat perception upon the applicant cannot form a ground for refusal of arms licence under Section 14 of the Arms Act, 1959.

Accordingly, this application stands allowed in terms thereof. The impugned order is quashed and set aside. The matter is remitted back to the District Magistrate, Patna for fresh consideration in accordance with law.

It is expected that the entire exercise would be completed within a period of two months from the date of receipt/production of a copy of this order.

(Dr. Ravi Ranjan, J) V.K. Pandey/- U