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Patna High Court

Mr. Saurav Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the orders of the District Magistrate and the Divisional Commissioner, directing the District Magistrate to adjudicate the licence application in accordance with the Arms Act.

Summary

Petitioner Saurav Kumar Singh applied for an arms licence which was rejected by the District Magistrate, Patna, and the rejection was upheld by the Divisional Commissioner. The petitioner contended that the authorities ignored his threat perception, his occupation as a goldsmith, and a recent robbery attempt documented in a police report, thereby violating the provisions of the Arms Act, 1959. The High Court examined the statutory duties under Sections 13(3)(b) and 14 of the Arms Act, noting that refusal of a licence is permissible only when public peace or safety is compromised and that reasons for refusal must be recorded. The Court found the impugned orders to be oblivious to these statutory requirements and set aside both the District Magistrate’s and the Commissioner’s orders. It directed the District Magistrate to reconsider the licence application, adhering to any new procedural format, and to decide within six weeks, thereby allowing the writ petition.

Issues considered

  • Whether the District Magistrate and the Divisional Commissioner correctly exercised their discretion under Sections 13(3)(b) and 14 of the Arms Act, 1959 in refusing the arms licence.
  • Whether the authorities were required to consider the petitioner’s threat perception, nature of business, and police report before refusing the licence.
  • Whether the refusal orders complied with the statutory requirement to record reasons for denial under Section 14(3) of the Arms Act.

Legislation cited

Subjects

  • arms licence
  • Arms Act
  • Section 14
  • certiorari
  • mandamus
  • threat perception
  • licensing authority
  • public safety
  • goldsmith

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1091 of 2025
                 ======================================================
                 Mr. Saurav Kumar Singh S/o Shri Pawan Kumar Singh, Resident of village-
                 Dariyapur, P.O. Fathuha, P.S. Fathuha, District - Patna.
                                                                           ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through Principal Secretary, Home Department, Old
                  Secretariat, Patna.
           2.    The Divisional Commissioner, Patna Division, Gandhi Maidan, Patna.
           3.    The District Magistrate, Gandhi Maidan, Patna.
           4.    Additional District Magistrate, Gandhi Maidan, Patna.
           5.    The District Arms Magistrate, Income Tax Golamber, Baily Road, Patna.
           6.    The Senior Superintendent of Police, Patna.
           7.    The Officer-In-Charge, Fathuha Police Station, Patna.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr.Anurag Saurav,
                                                Mr. Abhishek Kumar,
                                                Mr. Vaibhav Kumar, Advocates.
                 For the Respondent/s    :      Mr. Suman Kr. Jha, AC to AAG(03)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

6   06-04-2026                      Heard learned counsel for the petitioner and learned

                   AC to AAG-3.

                                 2. The instant writ petition has been filed for the

                   following relief(s):-

                                                            i) For Issuance of Writ in

                                                 the nature of Certiorari Quashing of

                                                 Order dated 19.11.2024 passed in

                                                 Arms Appeal No. 241 of 2024 whereby

                                                 and      where       under        Divisional

                                                 Commissioner, Patna has upheld the
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                                          order dated 07.12.2023 passed by

                                          District Magistrate, Patna in Misc.

                                          Arms Case No. IX-157/2022 whereby

                                          and where under the application filed

                                          by petitioner for providing Arms

                                          license has been rejected.

                                                         ii) For issuance of writ in

                                          the nature of certiorari for quashing

                                          the order bearing Memo no. 4097

                                          dated 07.12.2023 in Misc. Arms Case

                                          No. IX-157/2022 passed by District

                                          Magistrate, Patna whereby and where

                                          under District Magistrate, Patna has

                                          rejected the application for issuance

                                          of Arms License filed by the petitioner

                                          without        considering    the    threat

                                          perception of the petitioner.

                                                         iii) For issuance of writ in

                                          the nature of mandamus for directing

                                          the respondent authorities to consider

                                          the threat perceptions and nature of

                                          business of the petitioner and provide
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                                          Arms License.

                                                         iv) For issuance of any

                                          other appropriate writ (S), order(s)

                                          and direction(s) as your Lordship may

                                          deem fit and proper in the facts and

                                          circumstances of the case..”

                      3.     Learned counsel for the petitioner submits the

          reasons for rejection which has been incorporated in the order

          impugned dated 07.12.2023 in Misc. Arms Case No. IX-

          157/2022 passed by District Magistrate, Patna, goes to show

          that the authorities/District Magistrate, Patna while referring to

          the provisions under Arms Act, 1959, Section 13(3) (b) and

          Section 14 (1) (b) (2), wherein the Licensing Authorities have

          been empowered to refuse to grant a license on satisfaction,

          where it transpires to the authorities that for security of the

          public peace or for public safety, the same can be refused. It has

          next been submitted that the petitioner’s application for

          obtaining license has been rejected by the authorities on the

          ground      that    the    recommendation          sent   by   the   Senior

          Superintendent Of Police, Patna vide letter no. 121 dated

          18.01.2023., does not reflect the reason for providing Arms

          License to the petitioner, which finding is contrary to the report
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          sent by the SHO, Fatuha which is contained in Letter No. 646

          dated 21.03.2022.

                      4. Learned counsel for the petitioner, by referring to

          the provisions of Section 13(3) (b) of the Arms Act, 1959

          submits that the Licensing authority is provided with statutory

          duty to grant license under Section 3 in any other case or a

          license under Section 4, Section 5, Section 6, Section 10 or

          Section 12, if the licensing authority is satisfied that the person

          by whom the license is required has a good reason for obtaining

          the same. Though, the provisions of Section13(3) (b) which

          enables the licensing authority to consider the case of the

          applicant for grant of license in the contingencies indicated

          under the said provision, still, for no prudent reason, has refused

          to exercise the powers to grant license ignoring the materials

          available on record, wherein the petitioner was attacked by 10-

          14 unknown persons with a solitary purpose to commit robbery,

          for which there is already Fatuha PS Case No. 539 of 2024 was

          registered by the brother of the petitioner under Section 310(2)

          of the BNS and section 27 of the Arms Act, and much less the

          requirement of such license owing to this petitioner being a

          Goldsmith and dealing in gold besides being a contractor has

          not been controverted by the local police and his character
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          having been examined through the Chaukidar and as also local

          person having not been found to be negative and there being

          nothing contrary in the police record, the local having

          recommended for such grant of license not being appreciated by

          the licensing authority deserves to be interfered with in order to

          enable the petitioner who seeks such license for his personal

          safety. The issues of grant of Arms License to the persons

          dealing in gold has been approved by the Hon’ble Division

          Bench in Letters Patent Appeal No. 758 of 2018 wherein the

          following proposition has been carved out:-

                                               “"The     order   of   the   District

                                  Magistrate, as communicated, does not

                                  indicate the existence of any valid reason,

                                  but, at the same time, the order in appeal

                                  passed by the Commissioner indicates that

                                  there was no mention of any specific security

                                  threat or danger to the appellant in the

                                  police report. Such a ground, in our opinion,

                                  would be contrary to the intent of grant of

                                  license inasmuch as it is not necessary that a

                                  person should have an actual threat or

                                  imminent threat perception, but it would
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                                  suffice if the applicant is able to persuade

                                  the authority to take into consideration the

                                  nature of his trade, profession and calling

                                  for the purpose of grant of license which

                                  situation has now been taken care of under

                                  Sub-Rule (3)(a) of Rule 12 of the 2016 Rules.

                                  In this view of the matter, the question of

                                  grant or refusal of license will have to be

                                  revisited by the licensing authority where the

                                  licensing authority will have the power to

                                  make an assessment as per the aforesaid

                                  Rules, keeping in view the police report or

                                  such other factors which may be necessary

                                  for the said purpose."

                       5. On the other hand, learned AC to AAG-3 endorsed

          the decision taken by the District Magistrate, Patna submitting

          that it is the subjective satisfaction of the licensing authorities in

          granting license or in refusing the same on his/her/their personal

          satisfaction, where the security of public peace and for public

          safety, such decisions are required to be taken by them.

                      6.    Considering the submission of the parties, this

          Court finds that since there is already a report of local police
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          wherein the petitioner’s nature of business has already been

          disclosed and as also an attempt of robbery, which has already

          been made on this petitioner, such aspect having not been dealt

          with, by the licensing authorities in their orders, and even from

          the appellate order, it does not appear that the appellate

          authorities have considered such issues with regard to the

          petitioner’s entitlement for grant of license and for better

          appreciation, at this stage, it would be appropriate to refer to the

          provision of Section 14 of the Arms Act which reads as under:

                      14. Refusal of licences.-

                                               (1) Notwithstanding anything in

                                  section 13, licensing authority shall refuse to

                                  grant-

                                               (a) a licence under section 3,

                                  section 4 or section 5 where such licence is

                                  required in respect of any prohibited arms or

                                  prohibited ammunition;

                                               (b) a licence in any other case

                                  under Chapter II-

                                               (i) where such licence is required

                                  by a person whom the licensing authority

                                  has reason to believe-
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                                               (1) to be prohibited by this Act or

                                  by any other law for the time being in force

                                  from acquiring, having in his possession or

                                  carrying any arms or ammunition, or

                                               (2) to be of unsound mind, or

                                               (3) to be for any reason unfit for a

                                  licence under this Act; or

                                               (ii) where the licensing authority

                                  deems it necessary for the security of the

                                  public peace or for public safety to refuse to

                                  grant such licence.

                                               (2) The licensing authority shall

                                  not refuse to grant any licence to any person

                                  merely on the ground that such person does

                                  not own or possess sufficient property.

                                               (3) Where the licensing authority

                                  refuses to grant a licence to any person it

                                  shall record in writing the reasons for such

                                  refusal and furnish to that person on demand

                                  a brief statement of the same unless in any

                                  case the licensing authority is of the opinion

                                  that it will not be in the public interest to
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                                  furnish such statement.

                      7.         From perusal of the above facts and

          circumstances, submissions of the parties and as also in light of

          section 14 of the Arms Act, it is evident that the District

          Magistrate, while rejecting the application of the petitioner as

          well as by the appellate authority, while dealing with the appeal

          of the petitioner has passed the orders being oblivious to the

          provisions of Section 14 of the Arms Act, which pertains to the

          refusal of the license only in the case of, where the security of

          Public Peace and Public Safter is found to be compromised. It is

          not the case of the State authorities that the petitioner has been

          found not worthy of the license on the grounds mentioned under

          Section 14 of the Arms Act. The grounds, as mentioned in the

          impugned orders, do not in any manner indicate that the

          petitioner is not entitled for the arms license and as such, he has

          been treated to be unfit for the license under the Arms Act.

                       8. In view of the aforesaid, this Court sets aside both

          the orders i.e., order dated 19.11.2024 passed in Arms Appeal

          No. 241/2024 by the Divisional Commissioner, Patna as well as

          the order dated 07.12.2023 passed in Misc. Arms Case No. IX-

          157/2022 by the District Magistrate, Patna

                      9. Consequently, the District Magistrate, Patna, is
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                   directed to adjudicate the claim of the petitioner for grant of

                   license on the basis of earlier application filed by this petitioner

                   vide Annexure-5, and in case, any new format of application

                   having been introduced for making/seeking request for grant of

                   license by the applicant, in such event, the petitioner would be

                   appropriately communicated to carry out the formalities for

                   filling up such application and, in case, there is no such change,

                   in such event, the petitioner’s application for grant of license

                   shall be adjudicated within a period of six weeks from filing of a

                   representation by the petitioner before the authorities concerned.

                               10. It goes without saying that all these issues which

                   has been raised by this petitioner and the report which has been

                   submitted by the local police placed for consideration before the

                   District Magistrate through Superintendent of Police needs to be

                   considered strictly in consonance with the purport of the

                   legislation and on being satisfied, the District Magistrate is

                   required to act in accordance with law.

                               11. Accordingly, the writ petition stands allowed.




                                                                  (Ajit Kumar, J)
    perwez

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