IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.215 of 2006 ANIL SINGH, SON OF SRI RAMJANAM SINGH RESIDENT OF VILLAGE BALBHADRA SARAI, POLICE STATION HILSA IN THE DISTRICT OF NALANDA. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, NALANDA. 3. THE COMMISSIONER, PATNA DIVISION, PATNA. ----------- 04. 14.01.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner was made accused in Hilsa P.S. Case No.55 of 1992 dated 5.3.1992 for the offence under Sections-302/342/323/34 of the Penal Code and Section 27 of the Arms Act. The First Information Report of the said case is contained in Annexure-3 to this application. The Superintendent of Police, Nalanda having noticed the accusation made against the petitioner submitted report bearing letter no.3825 dated 4.8.1992 to the District Magistrate, Nalanda. The District Magistrate having appreciated the contents of the report of the Superintendent of Police, Nalanda initiated Arms Case No.7 of 1992 against the petitioner and issued notice to him. Petitioner did not appear in the arms case and the matter was considered ex parte. Under order dated 28.7.1998, Annexure-2 passed in Arms Case No.7 of 1992 arms licence of the petitioner was cancelled on the ground that he is accused in a murder case for the offence under Section 302 of the Penal Code and Section-27 of the Arms Act. Petitioner challenged the order dated 28.7.1998, Annexure-2 by filing Arms Appeal Case No.61 of 1999 before the Divisional Commissioner, Patna. During the pendency of Arms Appeal Case No.61 of 1999 petitioner was acquitted of the charge of murder under judgment dated 5.9.2002 - 2 - passed in Sessions Trial No.594 of 1992, Annexure-5. Relying on the judgment of the trial court dated 5.9.2002 petitioner requested the appellate authority to set aside the order dated 28.7.1998 cancelling his arms licence as after his acquittal for the charge of murder, the ground on the basis of which the arms licence of the petitioner was cancelled did not subsist, the order cancelling the arms licence be set aside and the arms licence of the petitioner be restored. Aforesaid plea of the petitioner taken in appeal has been rejected by the Divisional Commissioner, Patna under order dated 17.5.2005, Annexure-1 holding that the licensing authority is not bound by the order of acquittal as the acquittal of the petitioner and other co-accused has been recorded for the failure of prosecution witnesses including the father of the deceased to support the prosecution case. 3. From perusal of judgment of the trial court dated 5.9.2002, Annexure-5 it appears the informant, namely the father of the deceased as also the other witnesses did not support the prosecution story narrated by them before the police authorities and as the witnesses became hostile petitioner and other co-accused have been acquitted of the charge of murder. Perusal of the First Information Report of Hilsa P.S. Case No.55 of 1992 dated 5.3.1992, Annexure-3, however indicates that thereunder omnibus allegation of assault with lathi is raised against the petitioner. In view of the fact that petitioner has been acquitted in the murder case and there is no allegation against him in the First Information Report that he opened fire from his fire arm, I set aside the order dated 28.7.1998 passed by - 3 - the District Magistrate, Nalanda in Arms Case No.7 of 1992, Annexure-2, whereunder arms licence of the petitioner was cancelled together with the order dated 17.5.2005 passed in Arms Appeal Case No.61 of 1999, Annexure-1, whereunder order dated 28.7.1998 has been affirmed directing the District Magistrate, Nalanda to reconsider the matter in the light of the fact that petitioner is not alleged to have opened fire from his fire arm in the occurrence. Necessary reconsideration in the light of my order be made by the District Magistrate, Nalanda, as early as possible, in any case, within three months from the date of receipt/production of a copy of this order before him. 5. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)