IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18311 of 2009 1. SHANTI PRASAD SINGH S/O LATE BHAGAN SINGH R/O VILL- TENUA, P.O-BABHANI, P.S- KARGAHER, DISTT- ROHTAS Versus 1. THE STATE OF BIHAR THROUGH SECRETARY OF HOME BIHAR, PATNA 2. THE COMMISSIONER, PATNA PRAMANDAL, PATNA 3. THE DISTRICT MAGISTRATE, ROHTAS AT SASARAM 4. THE SUPERINTENDENT OF POLICE, ROHTAS 5. THE SUB DIVISIONAL OFFICER, SASARAM 6. THE OFFICER IN-CHARGE KARGAHER P.S- ROHTAS ----------- 2. 11.02.2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 8.12.2008 declining to grant him an Arms licence on the ground that he has failed to satisfy of any threat perception. The impugned order displays complete mis- appreciation of the statutory powers of the licensing authority to refuse a licence under Section 14 of the Arms Act. If the power is statutory in nature, the exercise thereof has to be within the confines of the statute. If threat perception is not one of the statutory grounds, any order passed on that ground refusing licence is not sustainable as being arbitrary. The order dated 8.12.2008 is accordingly set aside. If that be the only ground as it appears from the impugned order, for not granting licence, let the 2 Arms application licence of the petitioner be considered afresh and disposed off in accordance with law within a maximum period of two months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)