(1.) The present writ petition has been filed for quashing the order dtd. 15/2/2019, 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 dtd. 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 year 2017, whereafter the police had conducted verification and a report dtd. 7/2/2018 was submitted by the Superintendent of Police, Bettiah, West Champaran, wherein recommendation was made for issuance of arms license in favour of the petitioner. The District Magistrate, West Champaran at Bettiah had then passed the impugned order dtd. 15/2/2019, whereby and whereunder the application of the petitioner for grant of arms license has been rejected. The petitioner had then filed an appeal bearing Arms Appeal No. 102 of 2019, which has also stood dismissed by an order dtd. 20/12/2019, passed by the learned Court of Commissioner, Tirhut Division, Muzaffarpur.
(3.) The learned counsel for the petitioner has submitted that the petitioner is a farmer and his place of residence is near the Indo-Nepal Border, hence he is having imminent risk from the Naxal elements, hence it is imperative that he be granted arms license. It is further submitted that the only ground on which the impugned orders dtd. 15/2/2019 and 20/12/2019 have been passed against the petitioner, is absence of threat perception qua the petitioner herein, which according to the petitioner, cannot be a ground for rejection of the case of the petitioner for grant of arms license. In this regard, the learned counsel for the petitioner has referred to a judgment dtd. 14/7/2022 passed by this Court in CWJC No. 10784 of 2021 (Vijay Kumar Singh vs. The State of Bihar and Others) and the one dtd. 27/11/2024, passed by this Court in the case of Ranjan Kumar Mandal Vs. The State of Bihar and Others (CWJC No. 4117 of 2020).