Ashok Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17379 of 2015 ====================================================== Ashok Kumar Singh S/o Late Upendra Narayan Singh Resident of Village - Chhaapakahi, P.S. Supaul, District - Supaul.

.... .... Petitioner

Versus

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

2. District Magistrate, Supaul.

3. Divisional Commissioner, Patna Division, Saharsa.

4. Additional District Magistrate (Arms), Supaul.

5. District Arms Magistrate, Supaul.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : M/s. Vishwa Nath Pandey and Manish Pandey, Advocates For the State : Mr. Mundrika Ram, A.C. to G.P.29 ====================================================== 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-4 which is an order dated 28.9.2015 passed by the District Magistrate, Supaul by which his application for grant of license for N.P. Bore Pistol has been rejected.

The ground for rejection is lack of specific evidence regarding serious threat perception upon the petitioner. The issue is no longer res integra as the same stands decided by this Court in Manish Kumar and others vrs. The State of Bihar and others [2015(4) PLJR 212] holding that cannot be made a ground for refusal of arms license.

Accordingly, the impugned order is quashed and set

Patna High Court CWJC No.17379 of 2015 (2) dt.23-11-2015 2/2 aside. The matter is remitted back for fresh consideration by the licensing authority for grant of N.P. Bore Pistol in accordance with law also taking into account the decision of this Court rendered in Manish Kumar and others vrs. The State of Bihar and others (Supra) 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