Patna High Court
Md. Arif SakirversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The District Magistrate must decide the petitioner’s application for an arms licence within eight weeks and communicate the order.
Summary
The petitioner, Md. Arif Sakir, filed a writ petition seeking a direction to the State of Bihar and its officials to grant him an arms licence for a handgun. He had already submitted an application in the prescribed format to the District Magistrate, Patna on 10‑11‑2023, but no decision had been taken. The petitioner argued that the delay violated the provisions of the Arms Act which allow a licence to be granted for safety of life and property. The State contended that the application was pending adjudication and the competent authority must pass an order in accordance with law. The High Court directed the District Magistrate to take a final decision on the licence application within eight weeks and to communicate the order to the petitioner, thereby disposing of the writ application.
Issues considered
- Whether the District Magistrate is obligated to decide the pending arms licence application within a reasonable time.
- Whether the High Court can direct the competent authority to pass an order on the licence application.
Legislation cited
Subjects
- Arms licence
- Writ petition
- Administrative delay
- District Magistrate
- High Court direction
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18624 of 2025
======================================================
Md. Arif Sakir S/o Md. Sakir, Mohalla, Mogalpura Bigha, P.S.- Bakhtiyarpur,
District- Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Home Secretary, Government of Bihar.
2. The District Magistrate, Patna.
3. The Senior Superintendent of Police, Patna.
4. The Station House Officer, Bakhtiyarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Manisha Pandey, Advocate
For the Respondent/s : Mr. Government Advocate (02)
Mr. Sumant Kumar Singh, AC to GA-2
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 04-05-2026 In view of the submissions so made, the defect(s) as
pointed out by the Office / Stamp Reporter is hereby ignored.
2. The writ application has been filed seeking a
direction to the respondents to issue an arms license for a
handgun (revolver/pistol) in the name of the petitioner.
3. Learned counsel for the petitioner submits that an
application in the prescribed format has already been filed
before the District Magistrate, Patna, 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 Arms Act, a
license may be granted for ensuring the safety of life and
Patna High Court CWJC No.18624 of 2025(2) dt.04-05-2026
2/2
property upon an application being made. Despite the
application having been filed on 10.11.2023, 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, Patna, 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)
sharun/-
U
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