IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7851 of 2010 1. Dhananjay Kumar (Advocate) S/O Sri Ram Pravesh Pandey R/O Vill., P.O. And P.S.- Amba, Distt.- Aurangabad (Bihar). Versus 1. The State Of Bihar through the Secretary, Home (Police) Department, Government Of Bihar, Patna 2. The Secretary, Home (Police) Department, Government Of Bihar, Patna 3. The District Magistrate, Aurangabad 4. The District Arms Magistrate, Aurangabad 5. The Superintendent Of Police, Aurangabad 6. The Sub-Divisional Magistrate, Aurangabad 7. The Station House Officer, Amba Police Station, Amba, At And P.O. Amba, Distt.- Aurangabad. ------------------ 2. 14.10.2011. Heard Mr. Arun Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Ram Das Singh, learned Assisting Counsel to S.C.12, appearing on behalf of the State. The petitioner is aggrieved by the order dated 16.12.2009 passed by the District Magistrate, Aurangabad as contained in memo no.778 dated 16.12.2009, whereby the application of the petitioner for grant of arms licence has been rejected. Learned counsel for the petitioner makes a very short submission. It is submitted that the order rejecting the application of the petitioner is without any reason and has been passed without application of mind and without 2 consideration of the statutory provisions of the Arms Act, 1959 (hereinafter referred as the ‘Act’)and the rules framed thereunder. A counter affidavit has been filed in support of the impugned order and in which the stand taken is that as the petitioner has already been granted one arms licence earlier for a Double Barrel gun, hence, his application for grant of pistol/revolver for second licence, cannot accepted. Learned counsel for the petitioner, with reference to a judicial pronouncement of this court reported in 2010 (3) PLJR 775, submits that the learned Single Judge, while considering the same issue, has held that an applicant already possessing an arms licence, cannot be debarred from making application for grant of second fire arms in terms of the provision under the Arms Act. Section 3(2) of the Act, in no uncertain terms entitles a person to possess three fire arms under a Licence. Considering the judicial pronouncement and the fact that the order impugned dated 16.12.2009 is a non-speaking order and has been passed without having regard to the statutory provisions of the Act, the same cannot be 3 sustained and is accordingly quashed. The writ petition is allowed. It goes without saying that in case the petitioner files an application for grant of licence before the respondent District Magistrate, Aurqangabad, the same shall be considered in the backdrop of the statutory provisions and disposed of by passing a fresh order in accordance with law. ahk (Jyoti Saran, J.)