Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18125 of 2023 ====================================================== Rakesh Kumar son of Ramashish Sharma, Resident of Village Murhara, P.S. Sakurabad, District Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretory cum- Commissioner Department of Home, Govt of Bihar, Patna.

2.

Divisional Commissioner, Gaya 3.

The District Magistrate-Cum-Collector, Jehanabad. 4.

The Superintendent of Police, Jehanabad.

5.

The District Arms Officer, Jehanabad.

6.

The Officer in Charge, Sakurabad District Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the State :

Mr. K. P. Gupta, GP-10 Mr. Deepanjali Gupta, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-01-2024 Heard the parties.

2. The petitioner has moved the Court for the following reliefs:

"I. For giving a direction to take appropriate action on the application submitted by the petitioner for grant of Arms License of Riffle and Revolver of the petitioner for which the petitioner has submitted application in the year 2022 itself but no action has been taken on his application for grant of gun license and the same is still pending without any reasons.

II. For giving a direction to concern respondent to grant Arms riffle and revolver in favour of the petitioner within stipulated period. III. For issuance of any other relief/reliefs to which petitioner found entitled to in the eye of law."

Patna High Court CWJC No.18125 of 2023(2) dt.29-01-2024 2/2

3. Learned counsel for the petitioner submits that the brother of the petitioner was murdered and the petitioner has threat to his life. He has applied for an arms licence on 09.07.2022 and 21.11.2023 respectively before the District Magistrate, Jehanabad (respondent no. 3).

4. The respondent no. 3 is directed to consider the application for grant of arms license to the petitioner in accordance with law and particularly in view of the fact that the brother of the petitioner was murdered and considering the threat perception, the respondent no. 3 will finally decide the issue. The decision must be taken within three months.

5. The application stands disposed of.

6. Let a copy of this order be communicated to the District Magistrate, Jehanabad for its compliance through FAX or e-mail forthwith.

(Sandeep Kumar, J) P. Kumar U