LAWS(PAT)-2019-5-70

SHAILENDRA KUMAR Vs. STATE OF BIHAR

Decided On May 27, 2019
SHAILENDRA KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for petitioner and the State.

(2.) This writ application has been filed for setting aside the order dated 29.09.2014 passed by learned District Magistrate, Gaya in case no. 18 of 2014 as contained in Annexure-3, by which prayer for issuance of licence of DB barrel gun in favour of the petitioner has been rejected as also the order dated 05. 07. 2017 passed by learned Commissioner, Magadh Division, Gaya in Arms Appeal No. 328 of 2014 whereby the order of District Magistrate Gaya has been affirmed and upheld. Learned counsel for petitioner submits that after filing of application by petitioner for obtaining Arms licence the Senior Superintendent of Police Gaya by letter no. 35 dated 26.6.2012 recommended his application. The police verification was also done and everything was found genuine. Thereafter, the police recommended for grant of licence and, accordingly, Senior police officials also recommended for grant of licence to the petitioner.

(3.) The learned District Magistrate has rejected the prayer of the petitioner for grant of licence on the ground that petitioner has not shown any cogent ground for issuance of licence and there is no threat perception of life and property.