Patna High Court

Dhirendra Kumar ThakurversusThe State of Bihar

Decided: 16 March 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The Court held that the District Magistrate must adjudicate the petitioner's claim for an arms licence within four weeks, relying on the threat perception report of the Senior Superintendent of Police.

Summary

Petitioner Dhirendra Kumar Thakur filed a writ petition seeking an arms licence (pistol) on the ground of a threat perception report submitted by the District Arms Magistrate and referred to the Senior Superintendent of Police. The State argued that the report, already placed before the Senior Superintendent, indicated a genuine threat and that the District Magistrate should adjudicate the licence grant in accordance with law. The Court examined the submissions and the annexed reports and found no impediment to the District Magistrate deciding the matter. Accordingly, it directed the District Magistrate of Muzaffarpur to decide the petitioner's claim for an arms licence within four weeks, referencing the relevant annexures. The writ application was thereafter disposed of.

Issues considered

What is the appropriate authority and procedure for granting an arms licence to the petitioner based on the threat perception report?

Subjects

arms licence
threat perception
district magistrate
Senior Superintendent of Police
writ jurisdiction
Arms Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2736 of 2025
                 ======================================================
                 Dhirendra Kumar Thakur Ram Kishore Thakur Resident of Village-
                 Ratanpura Post- Ramkrishna Dubiyanhi, P.S.-Saraiya (O.P. Jaitpur), District-
                 Muzaffapur.                                                ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through its Principal Secretary, Home Department, Govt.
                  of Bihar, Patna.
           2.    The Principal Secretary, Home Department, Govt. of Bihar, Patna.
           3.    The Director General of Police, Bihar, Sardar Patel Bhawan, Patna.
           4.    The District Collector, Muzaffarpur, District-Muzaffarpur.
           5.    The District Arms Magistrate, Muzaffarpur, District-Muzaffarpur.
           6.    The Senior Superintendent of Police, Muzaffarpur.
           7.     The Officer Incharge, P.S.-Saraiya (O.P.-Jaitpur), District-Muzaffarpur.
                                                                              ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Shashi Bhushan Singh
                 For the Respondent/s   :        Dr. Md. Raisul Haque, SC-10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   16-03-2026                    Heard learned counsel for the parties.

                               2. The present writ application has been filed for

                   directing the respondents to grant an arms licence (pistol) to the

                   petitioner, as the query made by respondent no. 6 pursuant to

                   issuance of Letter No. 801 dated 13.11.2023 has already been

                   complied with, as would be apparent from the report dated

                   26.07.2024.

                               3. Learned counsel for the petitioner submits that the

                   issue with regard to threat perception to the petitioner was

                   examined by the District Arms Magistrate, Muzaffarpur, and the

                   necessary reports have already been referred to the Senior

                   Superintendent of Police, Muzaffarpur. It is further submitted that

                   appropriate directions may be issued to the District Magistrate to
           Patna High Court CWJC No.2736 of 2025(2) dt.16-03-2026
                                                       2/2




                     adjudicate the issue pertaining to grant of an arms licence, for

                     which a representation has also been filed before the District

                     Magistrate.

                                 4. On the other hand, learned counsel for the State

                     submits that a report has already been placed for consideration

                     before the Senior Superintendent of Police, Muzaffarpur, which is

                     appended to the writ application as Annexure-P/5. The said report

                     indicates that the petitioner has a threat perception and, therefore,

                     District Magistrate, Muzaffarpur, may be directed to adjudicate

                     the issues of grant of license in accordance with law by looking to

                     the report of Senior Superintendent of Police, Muzaffarpur.

                                 5. Considering the submissions of the parties and the

                     materials available on record, this Court finds it appropriate to

                     direct the District Magistrate to decide the claim of the petitioner

                     for grant of an arms licence within a period of four weeks from

                     today. The necessary order shall be passed with reference to

                     Annexures-P/4 and P/5.

                                 6. With the aforesaid observations and directions, the

                     instant writ application stands disposed of.



                                                              (Ajit Kumar, J)
shikha/-

U

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