Allowed

Tarkeshwar Nath Thakur v. The State Of Bihar and Ors.

Patna HC27 Jun 2016CWJC/8693/2016

Case brief

AI extract

What is this about?

The High Court allowed the writ petition, holding that lack of evidence regarding threat perception and reliance on Home Ministry guidelines are not valid grounds for refusing an arms licence under Section 14 of the Arms Act, especially when the petitioner held a prior valid licence.

What did the court decide?

Impugned order quashed and set aside. Matter remitted to Licensing Authority for fresh consideration within three months.

Tarkeshwar Nath Thakur Vs The State Of… — Constitutional and Fundamental Rights | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.8693 of 2016 =========================================================== Tarkeshwar Nath Thakur Advocates S/o late Daroga Thakur Resident of MohallaMaulabagh, PS Ara Nagar, District Bhojpur. .... .... Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Bhojpur at Ara. 3. The District Arms Magistrate,Bhojpur at Ara. 4. The Superintendent of Police, Bhojpur, Ara 5. The Officer-in-Charge, PS Town Ara. .... .... Respondents =========================================================== Appearance : For the Petitioner : M/s Shri Prakash Srivastava, Anu Priyadarshni, Advocates For the State : Mr. S. Raza Ahmad- AAG 9 ===========================================================

¶3

CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 27-06-2016

¶4

Heard learned counsel for the petitioner and the State.

¶5

This is yet another case in which firearm licence has been refused on the ground of lack of production of evidence regarding specific threat perception and also on the ground of socalled guidelines of the Home Ministry, Government of India, contained in letter dated 31^st March, 2010.

¶6

In my view both the grounds are not tenable as the same

¶7

Patna High Court CWJC No.8693 of 2016 dt.27-06-2016

¶8

2/3

¶9

have been considered and decided by this Court in Manish Kumar Vrs. State of Bihar and other analogous cases [AIR 2016 Patna 9] holding that lack of production of evidence regarding threat perception does not form a ground for rejection of an application for grant of arm licence under section 14 of the Arms Act, 1959. It cannot be held that unless a person has been subjected to any overt act he does not have any threat perception. The so-called guidelines of the Home Ministry has also been considered in the aforesaid decision holding that it is merely to the extent that the person having threat perception can also be given licence but it would not oust the other persons. However, in the present case the petitioner has already been granted licence for N.P.Bore rifle which must have been granted by the licensing authority after satisfying itself that the petitioner is having threat perception.

¶10

Accordingly, the impugned order (Annexure 4) is quashed and set aside.

¶11

Matter is remitted back to the District Magistrate – cum – Licensing Authority, Bhojpur for fresh consideration of the matter in accordance with law within a period of three months from the date of receipt / production of a copy of this order . While doing so he would be obliged to consider the decision of this Court rendered in Manish Kumar (supra) .

¶12

Patna High Court CWJC No.8693 of 2016 dt.27-06-2016

¶13

3/3

¶14

Petitioner would have required to explain regarding his

¶15

address as per the report of the Superintendent of Police.

¶16

This writ application stands allowed to the extent

¶17

indicated above.

¶18

(Dr. Ravi Ranjan, J)

¶19

Spd/-

¶20

AFR/NAFR NAFR CAV DATE NA Uploading Date 27.7.2016 Transmission NA Date

Tarkeshwar Nath Thakur v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Tarkeshwar Nath Thakur v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashutosh Dutta Vs The State Of Bihar and Ors.

Seher Ali Saini Vs The State Of Bihar and Ors.

Shiv Kumar Rai Vs The State Of Bihar and Ors.

Uma Shankar Singh Vs The State Of Bihar and Ors.

Ranjan Kumar Singh Vs The State Of Bihar and Ors.

Enayat Ali Vs The State Of Bihar and Ors.