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Patna High CourtCWJC/17305/2023disposed

Bipin Kumar v. The State Of Bihar

2024-01-16Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17305 of 2023 ====================================================== Bipin Kumar Son of Sri Siddhnath Vaidya Resident of Village and PostKukuri, P.S.- Paliganj, 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, Paliganj, Patna.

8.

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

For the Petitioner/s :

Mr.Manisha Pandey For the Respondent/s :

Mr.Government Pleader ( 10 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-01-2024 Heard the parties.

2. Supplementary counter affidavit filed on behalf of the State is taken on record.

3. This application has been filed on behalf of the petitioner for setting aside the order contained in Memo No. 912/Arms dated 14.02.2023 passed in Arms Case No. IX248/2022 of the District Magistrate, Patna by which the petitioner's application for grant of arms license has been rejected.

4. It has been submitted by the learned counsel for

Patna High Court CWJC No.17305 of 2023(4) dt.16-01-2024 2/2 the petitioner Mr. B.N. Pandey that though the case of the petitioner was recommended by the police officials for the grant of license but the same has not been considered by the District Magistrate, Patna and learned counsel for the petitioner further submits that the District Magistrate has also not considered the law laid down by this Court in its Judgment passed in CWJC No. 10784 of 2021 (Vijay Kumar Singh Vs. The State of Bihar and Ors.)

5. In these circumstances, the order dated 14.02.2023 passed by the District Magistrate, Patna is hereby set aside and the District Magistrate, Patna is directed to re-consider the application of the petitioner within three months from the date of receipt/communication of a copy of this order in accordance with law also in accordance with the recommendation of the local police.

6. With the aforesaid directions, this application stands allowed.

(Sandeep Kumar, J) Vikas/- U