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2022 Supreme(Pat) 915

MOHIT KUMAR SHAH
Sanjay Kumar Arya – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: M/s Nagendra Prasad Yadav No.1, Onkar Nath.
For the Respondents: M/s Manish Kumar (GP-4), Ajay Kumar, AC to GP-4.

Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 06.08.2021 passed by the Divisional Commissioner, Saran Division, Chapra in Arms Appeal Case No. 99 of 2019, whereby and whereunder the appeal of the petitioner has been rejected on the ground that there is no imminent threat perception to the petitioner and he has not been able to produce any evidence to the effect that his life and liberty is in danger.

2. The learned counsel appearing for the petitioner has submitted that mere non-existence of any threat perception would not dis-entitle an applicant from grant of arms license and moreover, though the earlier writ petition filed by the petitioner bearing CWJC No. 7204 of 2018 was disposed off by the learned Lok Adalat, held at Hon’ble Patna High Court, Patna, by a consent award dated 13.07.2019, whereby the petitoiner was granted liberty to file fresh Appeal before the Divisional Commissioner, Saran Division, Saran at Chapra, within a period of four weeks, which was in turn directed to be disposed off within a period of three months in light of the order passed in the case of Manish Kumar & others vs. The State of Bihar & others, reported

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