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2023 Supreme(Pat) 738

IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
CWJC No.8745 of 2022
(1.8.2023)
Rajiv Kumar Singh @ Rajeev Kumar Singh ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates appeared:
For the Petitioner: Mr. Praveen Prabhakar, Sr. Adv.
For the Respondents: Mr. Manish Kumar, GP-4.

Headnote:

Arms Act, 1959–Sections 13 & 14 read with Arms Rules, 2016–Rule 12 (3) (c)–Petitioner's application for grant of arms licence rejected on the ground the petitioner is not having any threat perception–it is a well settled law that an application for grant of arms licence cannot be rejected on the ground that the applicant is not having any threat perception in as much as Sections 13 and 14 of the Arms Act, 1959 though stipulates the parameters for grant of arms licence, however, the same does not stipulate such classification as a pre-condition that the licence can only be granted to a person who has threat perception–as per Rule 12 (3) (c) of the Arms Rules, 2016, the licensing authority is required to consider the application of an applicant taking into account the nature of business, profession, job or otherwise, leading to the genuine requirement of such applicant to protect his life and/or property–present application is allowed–order passed by the commission quashed and matter remanded to him for reconsideration. (Paras 4 & 6)

2015 (4) PLJR 212, Paras 20 & 22, 2019 (1) PLJR 664 paras 12–Referred.

Mohit Kumar Shah, J. – The present writ petition has been filed challenging the order dated 23.05.2017, passed by the District Magistrate, Saran at Chapra, whereby and whereunder the application of the petitioner for grant of arms license has been rejected on the ground that the petitioner is not having any threat perception. The petitioner has also challenged the appellate order dated 28.04.2018, whereby and whereunder the appeal filed by the petitioner bearing Arms Appeal Case No. 86 of 2017, has been dismissed by holding that since the District Magistrate, Saran at Chapra, has already held that there is no threat of security and safety to the petitioner herein, there is no need of any interference.

2. The learned senior counsel for the petitioner has submitted that the petitioner is a landlord and is having agricultural land as also residential and commercial properties, on account of which he is faced with threat from the anti-social elements, hence he had applied for grant of arms license and transfer of the DBBL gun, which was being possessed by his deceased father, by filing an application on 23.07.2015, however, the same has been rejected by the learned District Magistrate, Saran at Chapra, by an order dated 23.05.2017, on the ground that the petitioner is not having any threat to his life or property. The petitioner had then challenged the said order dated 23.05.2017, by filing an appeal bearing Arms Appeal Case No.86 of 2017, however, the same has also stood rejected, by an order dated 28.04.2018.

3. The learned senior counsel for the petitioner, in support of the petitioner's challenge to the aforesaid orders dated 23.05.2017 and 28.04.2018, 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 & Others vs. The State of Bihar & Others, paragraph nos. 20 and 22, whereof are reproduced herein below: –

"20. Similarly, Section 14 of the Act lays down that, notwithstanding anything contained in Section 13, the licensing authority may refuse to grant the arms license, on certain grounds. Section 14 of the Act nowhere discloses that lack of any evidence regarding threat perception upon the applicant may also form a ground for refusal of the arms licence.

22. Indeed, the subjective satisfaction of the licensing authority on the reasons set forth in Section 13 or 14 of the Act would form a condition precedent for grant of licence or refusal to grant licence but the so-called evidence regarding threat perception does not find specific place either in Section 13 or 14 of the Act. So far Section 14(1)(b) (i)(3) of the Act is concerned, that is only applicable in case the applicant is found to be unfit on any reason provided under the statute but socalled threat perception, not being any ground either in Section 13 or Section 14, one would wonder as to how it can form a ground for refusal of licence. Similarly, even the directive of the Central Government or any authority for such consideration would also not be meaningful in the absence of any statutory provision in that regard. The letter dated 31.03.2010 issued by the Ministry of Home, Central Government, has been considered by a Single Bench of this Court while considering the issue of threat perception for refusal of licence in C.W.J.C. No. 2503 of 2013 (Ram Bachan Rai vs. The State of Bihar and others). While disposing of the aforesaid writ application vide order dated 25.08.2014 the learned Single Judge has opined as under: –

“Even the circular relied upon by the District Magistrate issued by the Government of India does not create any bar. Paragraph ii(a) of the circular in fact merely provides that applications from persons who have perceived threats may be considered. Such requirement in no manner would exclude such persons who do not face any such threat and for the simple reason that

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