IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17770 of 2009 1. SURENDRA PRASAD SHARMA S/O LATE RAMANAND SHARMA R/O VILL.- PIR MAKER, TOLA- MACHHAHI, P.S.- MAKER, DISTT.- SARAN AT CHAPRA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE SARAN AT CHAPRA, DISTT.- SARAN AT CHAPRA 3. THE SUB-DIVISIONAL OFFICER CHAPRA SADAR, DISTT.- SARAN AT CHAPRA 4. THE ARMS MAGISTRATE SARAN AT CHAPRA, DISTT.- SARAN AT CHAPRA 5. THE SUPERINTENDENT OF POLICE SARAN AT CHAPRA, DISTT.- SARAN AT CHAPRA 6. THE STATION HEAD OFFICER MAKER POLICE STATION, DISTT.- SARAN AT CHAPRA ----------- 2. 11.01.2011 Heard learned counsel for the petitioner and the State. The petitioner claims to be in possession of a valid Arms licence. His grievance is that he is not being permitted by the District Magistrate to purchase a fire arm of the nature permissible under the licence. Section 3 of the Arms Act prohibits acquisition of a fire arm unless and until a person is in possession of a valid licence. Nothing has been brought to the attention of the Court from the statutory provisions of the Arms Act by either party that after a citizen is possessed of a licence for a particular kind of Arms, he is again required to seek further permission from the District Magistrate to 2 purchase that kind of arms. Purchase by transfer from another licensee shall be an entirely different matter. Section 3 of the Arms Act itself permits a person to possess up to three licenced fire Arms. In the facts of the present case, the petitioner was possessed of a fire arm under a licence. His fire arm is alleged to have been looted in a law and order incident alleged to be extremist activity. A First Information Report has been lodged on 19.8.2007, whether it be the submission of a charge sheet in the criminal case or not, the petitioner is clearly entitled to posses fire Arms up to three in number under Section 3 of the Arms Act. If the petitioner represents to the District Magistrate in that light, let his application be considered in accordance with law in light of the present discussion and disposed off within a maximum period of one month from the date of receipt and/or presentation of such application by him along with the present order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)