Patna High Court
Rajnikant KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court directed the District Magistrate to decide the petitioner’s arms licence application within eight weeks, holding that the undue delay was illegal and arbitrary.
Summary
The petitioner, an elected Sarpanch, filed a writ petition seeking the issuance of an arms licence, having applied on 17‑10‑2019 and alleging two life‑threatening attacks documented in FIRs. He contended that the delay by the District Arms Magistrate and other officials was illegal and arbitrary, endangering his life. The State argued that the application was in the prescribed format and required a lawful decision by the competent authority. The Court held that the authorities must adjudicate the licence application within a reasonable time and directed the District Magistrate to render a final decision within eight weeks, communicating the order to the petitioner. Consequently, the writ petition was disposed with the said directions.
Issues considered
- Whether the delay in granting an arms licence to the petitioner amounts to illegal and arbitrary action.
- Whether the court can direct the competent authority to decide the licence application within a specified time.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 27, 35
- Indian Penal Code — s. 120B, 307, 34, 353, 414
Subjects
- arms licence
- delay
- writ petition
- administrative law
- arbitrary action
- right to life
- protective measures
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18684 of 2025
======================================================
Rajnikant Kumar Son of Sri Devendra Singh, Resident of Village- Sorampur,
Police Station- Dulhinbazar, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Principal Secretary, Department of Home, Government of Bihar, Patna.
3. The Under Secretary, Department of Home, Government of Bihar, Patna.
4. The District Magistrate cum-Collector, Patna.
5. The Senior Superintendent of Police, Patna.
6. The District Arms Magistrate, Patna.
7. The Sub-Divisional Officer, Paliganj, Patna.
8. The Station House Officer-cum Officer- in-Charge of Dulhinbazar Police
Station, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Kumar
For the Respondent/s : Mr. Pankaj Kumar, Standing Counsel 12
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ application has been filed for the
following reliefs:-
(i) For directing the respondents t issue arms
licence in favour of the petitioner, who is
elected as Sarpanch of Gram Panchayat Raj
Ular Sorampur, Patna, has duly applied for
issuance of arms licence in prescribed
format annexing all required documents way
back on 17.10.2019 before the District Arms
Magistrate, Patna under compelling
circumstances as earlier twice life
Patna High Court CWJC No.18684 of 2025(2) dt.16-06-2026
2/3
threatening attempts were made upon the
petitioner by the miscreants and for which
FIR was also lodged vide Dulhinbazar P.S.
Case No.205 of 2018 dated 31.07.2018,
registered u/s 307/34 of the Indian Penal
Code and Section 27 of Arms Act and further
Dulhinbazar P.S. Case No.295 of 2018 dated
09.12.2018 registered under Section 353,
307, 414, 34/120B of the Indian Penal Code
and Section 25(1-b)a, 26/27/35 of Arms Act.
(ii) For holding that the act of the
respondents in delaying of issuance of Arms
Licence to the petitioner is completely
illegal, arbitrary particularly becomes more
serious and grave in view of the fact that the
life of petitioner is in constant threat as has
already sustained two life threatening
attempts.
(iii) For any other relief which the Court
may deem fit and proper in the facts and
circumstances of the case.
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. 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 property upon
an application being made. Despite the application having been
filed on 17.10.2019, no decision has yet been taken.
Patna High Court CWJC No.18684 of 2025(2) dt.16-06-2026
3/3
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 forthwith.
6. With the aforesaid observations and directions, the
instant writ application stands disposed.
(Ajit Kumar, J)
shikha/-
U
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