IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2610 of 2010 1. CHHOTELAL YADAV S/O LATE DIGHU YADAV R/O VILL.- SARSAR, P.S.- SIWAN MUFFASIL, DISTT.- SIWAN Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER SARAN DIVISION, CHAPRA 3. THE DISTRICT MAGISTRATE SIWAN ----------- 2/ 19/04/2011 Heard learned counsel for the petitioner and learned counsel for the State. The arms licence of the petitioner was cancelled on 19.3.2005 on grounds of pendency of a criminal case under Section-307 of Indian Penal Code. The petitioner preferred an appeal against the same before the Commissioner who remanded the matter to the Licensing Authority. The petitioner before the Licensing Authority submitted that his father was killed by a co-villager leading to Siwan P.S. Case No.250/94 under Sections-302 and 307 of Indian Penal Code. The accused therein has foisted a false criminal case against the petitioner under Section-307 of Indian Penal Code in retaliation. A specific objection was raised that even in this police case against him there is no allegation with regard to the firearms in question. The pendency of the criminal case therefore could not be a ground for suspension of licence. The impugned order dated 22.5.2008 does not consider this submission of the petitioner and simply proceeds on the assumption of the pendency of a criminal 2 case to hold that he may move afresh after it is over. In absence of any finding in the impugned order that in the criminal case in question the licenced weapon of the petitioner is alleged to have been involved and/or used, this Court finds it difficult to sustain the impugned order dated 22.5.2008. It is accordingly set aside. The writ application is allowed. KC ( Navin Sinha, J.)