Anjani Kumar Singh @ Anjani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1194 of 2024 ====================================================== Anjani Kumar Singh @ Anjani Kumar son of Late Bhola Prasad Singh, resident of Koha Imli (Vijay Market) Purnendu Nagar Road, Near Kumar Store, P.S. -Phulwari Sharif, Town and 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, Sadar, Patna.

8.

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

For the Petitioner/s :

Mr.Manisha Pandey For the Respondent/s :

Mr.Government Pleader 24 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-04-2024 Heard the parties.

2. The learned counsel for the petitioner submits that he has been given license for holding a rifle because of the threat perception as he was earlier attacked by the criminals. Now he has applied for an additional arms on the same license, that is, for a revolver/pistol as it is not possible for him to carry rifle to each and every place for his own safety.

3. By the impugned order dated 03.09.2019, the application of the petitioner has been rejected. The learned counsel for the petitioner has also relied upon a Judgment of this Court in the case of Aakash Gaurav Vs. State of Bihar

Patna High Court CWJC No.1194 of 2024(3) dt.25-04-2024 2/3 reported in 2019 (1) PLJR 697 and others and he submits that his application should have been stayed in the light of Judgment of this Court in the case of Aakash Gaurav Vs. State of Bihar (Supra).

4. In these circumstances, learned counsel for the State has vehemently opposed the prayer of the petitioner and has submitted that the petitioner is already having a license of rifle and therefore, his application has rightly been rejected by District Magistrate.

5. The impugned order has been passed without considering the judgment of this Court in the case of Aakash Gaurav Vs. State of Bihar (Supra)

6. In view of the aforementioned facts and circumstances of the case, this application is allowed. The order dated 03.09.2019 is quashed. The matter is remanded back to the District Magistrate, Patna to considering the application of the petitioner afresh after hearing him in the light of the order of this Court in the case of Aakash Gaurav Vs. State of Bihar. The entire exercise must be done by 31st of July, 2024.

7. It was earlier submitted by the petitioner that the address of the petitioner was wrongly mentioned in the impugned order. Before hearing of the petitioner, the Collector

Patna High Court CWJC No.1194 of 2024(3) dt.25-04-2024 3/3 will send the notice on the correct address of the petitioner which is mentioned in the writ petition.

(Sandeep Kumar, J) sanjeev/- U