Patna High Court

Shailendra KumarversusThe State of Bihar

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

Holding

The District Magistrate‑cum‑District Arms Magistrate must decide the petitioner’s arms licence application within eight weeks from the date of the order.

Summary

The petitioner, Shailendra Kumar, filed a writ petition seeking a direction to the State of Bihar and its officials to grant him a license for a non‑prohibited bore rifle, revolver and pistol under the Arms Act. He had already submitted an application in the prescribed format to the District Magistrate‑cum‑District Arms Magistrate of Nawada on 21‑04‑2025, but no decision had been taken. The petitioner argued that the law requires a timely decision to ensure safety of life and property. The State contended that the competent authority must adjudicate the application in accordance with law. The High Court directed the District Magistrate to pass a final order on the license application within eight weeks and to communicate the order to the petitioner. Consequently, the writ petition was disposed.

Issues considered

Whether the District Magistrate‑cum‑District Arms Magistrate is obligated to decide a pending arms licence application within a reasonable time under the Arms Act.

Legislation cited

Arms Act, 1959

Subjects

Arms licence
Civil writ jurisdiction
District Magistrate
Delay in decision
Arms Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.18302 of 2025
                 ======================================================
                 Shailendra Kumar S/o Karu Mahto, Resident of Village- Bharosa, P.S.-
                 Muffasil, District- Nawada.                            ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through 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, Nawada.
           5.    The Sub Divisional Officer, Nawada.
           6.    The Officer-in-charge, Nawada.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Sheo Kumar Prasad, Adv.
                 For the Respondent/s   :     Mr. Ramadhar Singh, Government Pleader (25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   15-04-2026                          Heard learned counsel for the petitioner and

                   learned GA-25.

                               2. The writ application has been filed seeking a

                   direction commanding the respondents authorities to grant

                   license of NP Bore Rifle, NP Bore Revolver, Pistol to the

                   petitioner in terms of provisions of Arms Act and to dispose of

                   the application dated 21.04.2025 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-1. However, till date, no action

                   has been taken with regard to the grant of an arms license. It is
             Patna High Court CWJC No.18302 of 2025(2) dt.15-04-2026
                                                        2/2




                       further submitted that, as per the provisions of the 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 21.04.2025, 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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