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Patna High Court

Shivjeet KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The District Magistrate‑cum‑District Arms Magistrate must render a final decision on the petitioner’s arms licence application within eight weeks and communicate the order to the petitioner.

Summary

The petitioner, Shivjeet 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 and pistol under the Arms Act. He had submitted an application in the prescribed format to the District Magistrate‑cum‑District Arms Magistrate, Gaya, on 17 July 2025, but no decision had been taken. The petitioner argued that the law requires a timely decision to ensure safety of life and property, while the State contended that the authority must adjudicate the application in accordance with law. The Court observed that the competent authority is obligated to pass a final order on the pending application within a reasonable period. Accordingly, the Court directed the District Magistrate to decide the licence application within eight weeks and to communicate the order to the petitioner. The writ application was consequently disposed.

Issues considered

  • What is the duty of the District Magistrate‑cum‑District Arms Magistrate to decide a pending arms licence application under the Arms Act?
  • Whether the petitioner is entitled to a timely decision on his application for a non‑prohibited bore rifle and pistol licence.

Legislation cited

Subjects

  • Arms licence
  • Arms Act
  • Administrative delay
  • District Magistrate
  • Writ jurisdiction
  • Petition disposal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.18356 of 2025
                 ======================================================
                 Shivjeet Kumar S/o Sanjay Singh, Resident of Village- Lodipur, P.O.-
                 Lodipur, P.S.- Muffasil, District- Gaya.                .. ... 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, Gaya.
           3.    The Superintendent of Police, Gaya.
           4.    The Sub Divisional Superintendent of Police, Bajirganj (police canb) Gaya.
           5.    The Sub Divisional Officer, Gaya.
           6.    The Officer-in-Charge, Muffasil Police, Gaya.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Sheo Kumar Prasad, Adv.
                 For the Respondent/s   :     Government Pleader (26)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

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

                   learned AC to GP-26.

                               2. The writ application has been filed seeking a

                   direction to the respondents to grant license for a NP Bore Rifle

                   and NP Bore Pistol to the petitioner in terms of provisions of

                   Arms Act and to dispose of the application filed by the

                   petitioner regarding the issuance of Arms License dated

                   17.07.2025, which is said to be pending before the Respondent

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

                   Gaya.

                               3. Learned counsel for the petitioner submits that an

                   application in the prescribed format has already been filed

                   before the District Magistrate, Gaya, 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.18356 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 17.07.2025, 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, Gaya, 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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