IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
CWJC No.4117 of 2020
(27.11.2024)
Ranjan Kumar Mandal ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Arms Act, 1959 – Section 13 & Arms Rules, 2016 – Rules 12(1) and (3) – Grant of arms license – Nature of business, profession, etc. – A person should not have an actual threat or imminent threat perception but it would suffice it the applicant is able to persuade the authority to take into consideration the nature of his trade and profession for the purposes of grant of license, as taken care of under Rule 12(3)(a) of the Arms Rules, 2016 – The impugned order passed by the D.M., Khagaria and the Commissioner, Munger are solely based on absence of threat perception to the petitioner, which on contrary to law laid down by the H.C. and accordingly, set aside – Matter remanded back to the D.M. Khagaria for fresh consideration. (Paras 5 to 8)
Amrendra Kumar Singh Vs. State of Bihar, 2008 (1) PLJR 151; Manish Kumar Vs. State of Bihar, 2015(4) PLJR 212; State of Bihar Vs. Deepak Kumar, LPA No. 758 of 2018 (reported in 2019 (2) BLJ 50 : 2019 SCC OnLine Pat 3759); State of Bihar Vs. Manish Kumar, LPA No. 459 of 2018 – Relied.
Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the order dated 15.3.2018, passed by the District Magistrate, Khagaria, whereby and whereunder the application of the petitioner for grant of arms license has been rejected. The petitioner has further prayed for quashing the order dated 15.11.2019, passed by the Divisional Commissioner, Munger Division, Munger, whereby and whereunder the appeal filed by the petitioner bearing Arms Appeal No. 50 of 2019 has also been dismissed and the order dated 15.3.2018, passed by the District Magistrate, Khagaria, in Arms License Case No. 15 of 2018, has been upheld.
2. The learned counsel for the petitioner has submitted that the petitioner is an ex-military man and after superannuation, he has been running a petrol pump under the Parbatta Police Station, District-Khagaria, for his livelihood. It is stated that the petitioner had filed an application for grant of arms license before the District Magistrate, Khagaria, in the prescribed format on 29.01.2013 and upon enquiry, the Sub-Divisional Officer, Gogari, vide letter dated 16.07.2014, had recommended for grant of arms license to the petitioner, whereafter recommendation in similar terms was also made by the Officer-in-Charge, Parbatta Police Station, vide letter dated 13.03.2015, nonetheless, the application of the petitioner for grant of arms license has been rejected by the District Magistrate, Khagaria, by the impugned order dated 15.3.2018, whereafter the petitioner had challenged the same by filing an appeal bearing Arms Appeal Case No. 50 of 2019, however, the same has also stood dismissed, by an order dated 15.11.2019, on the ground that the petitioner is not having any threat perception.
3. The learned counsel for the petitioner has firstly submitted that a bare perusal of the order dated 15.3.2018, passed by the District Magistrate, Khagaria, would show that the application of the petitioner for grant of arms license has merely been rejected on the ground that since past three years, the petitioner is not having any threat perception/danger to his life and secondly, the learned Divisional Commissioner, Munger Division, Munger, has dismissed the appeal of the petitioner, vide order dated 15.11.2019, solely on the ground that the petitioner is not having any threat perception. Nonetheless, it is submitted that it is a well-settled law that it is not necessary that threat perception should be present so as to warrant grant of arms license to the applicant. Reference in this connection has been made to a judgment, reported in 2008 (1) PLJR 151 (Amrendra Kumar Singh vs. State of Bihar & Ors.) as also to a judgment, reported in 2015(4) PLJR 212 (Manish Kumar & Others vs. The State of Bihar & Ors.).
4. Per contra, the learned counsel appearing for the Respondent-State has submitted that since the petitioner is not having any threat perception, the application of the petitioner for grant of arms license has rightly been rejected by the District Magistrate, Khagaria, hence, there is no infirmity with regard to the same muchless with the appellate order dated 15.11.2019, hence the present writ petition is fit to be dismissed.
5. I have heard the learned counsel for the parties and perused the materials on record from which this Court finds that the application of the petitioner for grant of arms license has been rejected solely on the ground that the petitioner is not having any threat perception, however, this Court finds that the learned Division Bench of this Court, by a judgment dated 21.1.2019, passed in LPA No. 758 of 2018 (The State of Bihar & Ors. vs. Deepak Kumar) ((reported in [: 2019 (2) BLJ 50] 2019 SCC OnLine Pat 3759) as also in another appeal bearing LPA No. 459 of 2018 (State of Bihar & Others vs. Manish Kumar) has clearly held therein that absence of any specific security threat or imminent danger to an applicant cannot be a ground for rejection of the application of an applicant for grant of arms lic
The absence of an actual threat perception cannot be the sole ground for denying an arms license, and licensing authorities must consider the applicant's profession and circumstances as per the Arms ....
Threat perception is not a requirement for granting an arms license under the Arms Act.
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