IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.190 of 2009 4 18.3.2009 Uma Shankar Singh Son of Late Baijnath Singh, Resident of Village- Phakali, P.O. Tarni (Dehri), P.S. Kargahar (Sirhi), District Rohtas ....... Appellant VERSUS 1. The State of Bihar 2. The District Magistrate, Rohtas at Sasaram, District Rohtas 3. The Commissioner, Patna Division, Patna, District Patna. ..... Respondents ------ Heard learned counsel for the appellant and learned counsel for the State. By the judgment under appeal, the Writ Court declined to interfere with the order of the Divisional Commissioner, Patna dismissing the appeal of the appellant under the Arms Act being Arms Appeal No.33/98 which had been dismissed for default in appearance of learned counsel for the appellant before the Commissioner. No doubt, there was default on the part of counsel for the appellant in not appearing in the appeal pending before the Divisional Commissioner, on several dates. However, learned Commissioner while considering the appeal on merits, rejected the same after noticing in paragraph 5 of order dated 31.8.2004 that the appellant was made an accused in a criminal case and although he has pleaded that he has been acquitted but no copy of judgment of acquittal was placed on record. On behalf of the appellant a copy of the judgment 2 of the criminal court acquitting him of various charges had been annexed as Annexure-2 to the writ petition. It appears that for the allegation leading to that criminal case appellant’s arms licence was cancelled and now, on proper trial he has been acquitted of the charges. In the facts of the case, interest of justice requires that the arms appeal of the appellant before the Commissioner be heard on merits. Since there was default on the part of counsel for the appellant, hence we are of the view that the appellant must deposit a cost of Rs.500 (Five hundred) with the Patna High Court Legal Aid Committee within two weeks and along with proof of such payment he should appear before the Divisional Commissioner, Patna with a copy of this order. Thereafter, the Divisional Commissioner shall fix a date for early hearing of the appeal. The order under appeal is modified accordingly and the appeal is allowed to that extent. (Shiva Kirti Singh, J.) (Sheema Ali Khan, J.) sk