Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17356 of 2023 ====================================================== Rahul Kumar S/o Shyamdeo Singh, resident of Village-Bihat, P.S. F.C.I. Begusarai, District-Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of (Home), Police Bihar, Patna.

2.

The Divisioanl Commissioner, Munger Division, Munger. 3.

The District Magistrate, Begusarai.

4.

The Superintendent of Police, Begusarai.

5.

The District Arms Magistrate, Begusarai.

6.

The S.H.O. F.C.L. O.P., District-Begusarai.

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

For the Petitioner/s :

Mr.Raju Kumar For the Respondent/s :

Mr.Sita Ram Yadav ( Gp 16 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-03-2024 Heard the parties.

2. The present application has been filed for the following reliefs :

(i) For quashing the order dated 30-08- 2023 passed by learned Divisional Commissioner, Munger in Arms Appeal No. 102/ 2023 whereby the learned Commissioner dismissed the Arms Appeal No. 102/2023 on the ground that a criminal case bearing Neemachandpura P.S. Case No. 54/ 20 has been lodged against the petitioner. (ii) To quash the order dated 08-06-2023 passed by the court of District Magistrate, Begusarai in Arms License Case No. 02/2023 by which he has rejected the Arms License Case No. 02/2023 on the ground that the SHO, F.C.I. O.P(Barauni) has reported that a case vide Neemachandpura P.S. case No 54/ 2020 has been lodged

Patna High Court CWJC No.17356 of 2023(2) dt.15-03-2024 2/2 against the petitioner and in this case final Form No 46/21 dated 30-03-21 has also been submitted by the police against the petitioner.

(iii) To direct the respondent No. 3 to grant the fire arms license of the petitioner taking into the consideration that the petitioner's life and property is in danger.

3. The petitioner will approach the Collector, Begusarai again for grant of Arms licence if he is acquitted in the criminal case.

4. If after acquittal, the petitioner approaches the Collector, Begusarai for grant of arms licence, it shall be considered on its own merits. The Collector shall not be prejudiced by the earlier rejection on the ground that a criminal case was pending.

5. With the aforesaid direction, this application is disposed of.

(Sandeep Kumar, J) Saif/- U