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MOHIT KUMAR SHAH
Prabhat Kumar Srivastava – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the order dated 30.5.2017, passed by the District Magistrate, Gopalganj, in New Arms Case No. 18 of 2017, 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 25.2.2020, passed by the learned Court of Divisional Commissioner, Saran Division, Chapra, in Arms Appeal Case No. 98 of 2019, whereby and whereunder the appeal, filed by the petitioner, has been dismissed on the ground that the petitioner is not having any threat perception.
2. The learned counsel for the petitioner submits that the petitioner is a railway contractor, hence, needs an arms license to possess arms for the safety of his life and security of his property as also in order to safely enable him to carry out his day to day activities as a contractor, thus, the petitioner had applied for grant of arms license on 23.12.2015, in the prescribed format, before the District Magistrate, Gopalganj, whereafter the application of the petitioner was sent to the Officer-in-Charge, Jadopur, for enquiry, who had recommended the case of the petitio
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 ....
The lack of evidence regarding threat perception cannot be a ground for refusal of an arms license, and the genuine requirement of the applicant to protect life and/or property must be considered.
Threat perception is not a requirement for granting an arms license under the Arms Act.
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