PRAMOD KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dtd. 24/10/2018 passed by the learned Commissioner, Saran Division, Saran at Chapra in Arms Appeal No. 244 of 2014, whereby and whereunder the appeal of the petitioner has been rejected as also the order dtd. 23/7/2015 passed by the District Magistrate, Saran at Chapra in Arms Case No. 18 of 2015, whereby and whereunder the application of the petitioner for grant of arms license have been rejected.

(2.) The brief facts of the case according to the petitioner are that he had applied for arms license in the year 2011, however, his application was rejected by an order dtd. 23/7/2015 passed by the District Magistrate, Saran at Chapra merely on the ground that firstly the petitioner did not have any threat perception inasmuch as there was no specific report regarding any incident of threat of life and property qua the petitioner in the concerned police station and secondly, the petitioner appears to be seeking arms license to maintain his status. The petitioner had then challenged the said order dtd. 23/7/2015 before the Commissioner, Saran Division, Chapra by filing an appeal bearing Arms Appeal No. 244 of 2014, however, the same was also dismissed by an order dtd. 24/10/2018, on same and similar grounds.

(3.) The learned counsel for the petitioner, in support of the petitioner's challenge to the aforesaid orders dtd. 23/7/2015 and 24/10/2018, has contended that merely non-existence of any threat perception would not dis-entitle an applicant from grant of arms license and in this regard he has referred to a judgment reported in 2015(4) PLJR 212, rendered in the case of Manish Kumar and others vs. The State of Bihar and others, paragraph nos. 20 and 22 whereof are reproduced herein below:-