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IN THE HIGH COURT OF JUDICATURE AT PATNA
Mohit Kumar Shah
Ahsan Ahemad @ Ahsan Ahmad S/o Zamil Ahemad – Appellant
Versus
State of Bihar through the Chief Secretary – Respondent
| Table of Content |
|---|
| 1. application for grant of arms license rejected. (Para 1 , 2) |
| 2. petitioner argues for arms license due to threats. (Para 3) |
| 3. legal precedents highlight absence of threat not grounds for refusal. (Para 4 , 5 , 6 , 7) |
| 4. state argues rejection based on lack of threat is valid. (Para 8 , 9) |
| 5. court quashes orders and remands for re-evaluation. (Para 10 , 11) |
JUDGMENT :
Mohit Kumar Shah, J.
The present writ petition has been filed for quashing the order dated 15.02.2019, passed by the District Magistrate, West Champaran at Bettiah in Case No. 17 of 2018, whereby and whereunder the application filed by the petitioner for grant of arms license has been rejected on the ground that the petitioner has failed to produce any evidence regarding him having threat to his life. The petitioner has also challenged the appellate order dated 20.12.2019, passed by the learned Court of Commissioner, Tirhut Division, Muzaffarpur in Arms Appeal Case No. 102 of 2019, whereby and whereunder the appeal has been dismissed on same and similar grounds.
2. The brief facts of the case, according to the petitioner, are that the petitioner had filed an application for grant of arms license in the yea
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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