IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.797 of 2010 1. ASIF IQBAL S/O LATE MD. UMAR R/O VILL- DEORI PIPRALATIF, P.S. PARBATTA, DISTT. KHAGARIA Versus 1. THE STATE OF BIHAR 2. THE DIVISIONAL COMMISSIONER MUNGER 3. THE DISTRICT MAGISTRATE KHAGARIA ----------- 02. 15.03.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 25.8.2008 of the District Magistrate in Arms Case No. 58 of 2005-06, cancelling his Arms license as affirmed in Appeal by the Divisional Commissioner, Munger on 31.12.2008 in Arms Appeal No. 52 of 2008. Learned counsel for the petitioner fairly acknowledges that though he was acquitted in the earlier Gogari P.S. Case No. 297 of 2004, he has been acquitted in Mariya P.S. Case No. 65 of 2007, after the appellate order on 21.10.2009 and therefore the appellate authority had no occasion to consider this development. He submits that apart from the two cases aforesaid, in both of which he stands acquitted, there is no other case pending against him. The recital to the contrary in an omnibus manner in the order of the Commissioner is erroneous. Learned counsel for the State submits that the petitioner may be directed to apply afresh and which may be considered in accordance with law in view of subsequent developments. If the petitioner applies for fresh Arms license, let the same be considered accordingly and disposed off 2 preferably within a maximum period of two months from the date of receipt/production of such application. Insofar as the submission for release of the Gun seized in Gogari P.S. Case No. 297 of 2004 is concerned, the petitioner has adequate remedies under Chapter-34 of the Cr.P.C. which he may avail as he may be advised. The application stands disposed. P.K ( Navin Sinha, J.)