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Patna High Court

Rajnikant KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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