TABISH SHARFUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dtd. 4/6/2015, passed by the District Magistrate, Gaya in Arms Case No.82 of 2015, whereby and whereunder the application filed by the petitioner for grant of arms license has been rejected. The petitioner has also assailed the appellate order dtd. 8/5/2018, passed by the Ld. Divisional Commissioner, Magadh Division, Gaya, in Arms Appeal Case No.19 to 2018, whereby and whereunder the appeal has been rejected.

(2.) The brief facts of the case, according to the petitioner are that the petitioner is an advocate, who was/is in need of arms license, hence he had filed an application for grant of arms license before the District Magistrate, Gaya, in the year, 2015, in the prescribed format, whereafter, the same was though considered by the District Magistrate, Gaya, but he has rejected the application of the petitioner for grant of arms license by an order dtd. 4/6/2015, on account of absence of any threat perception. The petitioner had then challenged the said order dtd. 4/6/2015, before the Ld. Commissioner, Magadh Division, Gaya, by filing an appeal bearing Arms Appeal No.19 of 2018, however, the same has also stood rejected by the impugned order dtd. 8/5/2018 on the ground that the petitioner is not having any threat perception.

(3.) The learned counsel for the petitioner submits that absence of threat perception cannot be a ground for rejecting the application of the petitioner for grant of arms license. 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 and Others vs. The State of Bihar and Ors.).