Patna High Court

Sanjay KumarversusThe State of Bihar

Decided: 15 April 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The Court held that the District Magistrate-cum-District Arms Magistrate must decide the pending arms licence application within eight weeks and communicate the order to the petitioner.

Summary

The petitioner, Sanjay Kumar, filed a writ petition seeking a direction to the State of Bihar and its officials to grant him a license for an NP bore rifle under the Arms Act. He had earlier submitted an application in the prescribed format to the District Magistrate-cum-District Arms Magistrate of Nawada on 24‑06‑2024, but no decision had been taken. The petitioner argued that the statutory duty to decide the application within a reasonable time had been ignored. The State contended that the application was properly filed and the competent authority must adjudicate it according to law. The Court directed the District Magistrate to pass a final order on the licence application within eight weeks and to communicate the order to the petitioner. Accordingly, the writ application was disposed.

Issues considered

Whether the District Magistrate-cum-District Arms Magistrate has failed to decide the petitioner’s arms licence application within a reasonable time as mandated by the Arms Act.
Whether the High Court can issue a direction compelling the authority to decide the pending licence application.

Legislation cited

Arms Act, 1959

Subjects

Arms licence
Arms Act
NP bore rifle
District Magistrate
Administrative delay
Writ petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.12590 of 2025
                 ======================================================
                 Sanjay Kumar Son of Chandrika Prasad, Resident of Village- Hurrahi, P.O.-
                 Makhar, P.S.- Akbarpur, District- Nawada.               .. ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Director General of Police, Home
                  Department, Government of Bihar, Patna.
           2.    The District Magistrate-cum-District- Arms Magistrate, Nawada.
           3.    The Superintendent of Police, Nawada.
           4.    The Sub Divisional Superintendent of Police, Rajauli.
           5.    The Sub Divisional Officer, Rajauli.
           6.    The Officer-in-Charge, Akbarpur.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Sheo Kumar Prasad, Adv.
                 For the Respondent/s   :      Government Advocate (08)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   15-04-2026                          Heard learned counsel for the petitioner and

                   learned AC to GA-08.

                               2. The writ application has been filed seeking a

                   direction commanding the respondents authorities to grant

                   license of NP Bore Rifle to the petitioner in terms of provisions

                   of Arms Act and to dispose of the application dated 24.06.2024

                   filed by the petitioner which is said to be pending before the

                   Respondent No.2/The District Magistrate-cum-District Arms

                   Magistrate, Nawada.

                               3. Learned counsel for the petitioner submits that an

                   application in the prescribed format has already been filed

                   before the District Magistrate, Nawada, which is appended to

                   the writ application as Annexure-P/1. However, till date, no

                   action has been taken with regard to the grant of an arms

                   license. It is further submitted that, as per the provisions of the
             Patna High Court CWJC No.12590 of 2025(3) dt.15-04-2026
                                                        2/2




                       Arms Act, a license may be granted for ensuring the safety of

                       life and property upon an application being made. Despite the

                       application having been filed on 24.06.2024, no decision has yet

                       been taken.

                                   4. On the other hand, learned counsel for the State

                       submits that since the application has already been made in the

                       prescribed format, the competent authority is required to

                       adjudicate the same by passing an appropriate order in

                       accordance with law.

                                   5. In view of the submissions made on behalf of the

                       parties, the District Magistrate, Nawada, is directed to take a

                       final decision on the petitioner’s application for grant of an arms

                       license within a period of eight weeks from today. The order so

                       passed shall also be communicated to the petitioner within the

                       said period.

                                   6. With the aforesaid observations and directions, the

                       instant writ application stands disposed.



                                                                       (Ajit Kumar, J)
    perwez

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