Patna High Court
Anil Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The orders of the District Magistrate and the Divisional Commissioner were set aside, and the petitioner was directed to seek fresh consideration of his arms licence application taking into account the acquittal.
Summary
The petitioner, Anil Kumar Pandey, sought quashing of the Divisional Commissioner’s order that upheld the cancellation of his arms licence, arguing that he had been acquitted of criminal charges in 2022. He contended that the District Magistrate, Buxar, rejected his licence application without considering the acquittal, thereby violating legislative intent and his constitutional right to livelihood as a security guard. The Court examined whether the authorities had applied mind to the acquittal judgment and whether the non‑consideration rendered the orders ultra vires. Finding a lack of application of mind, the Court set aside both the District Magistrate’s and the Divisional Commissioner’s orders. The petitioner was directed to file a fresh representation for the licence, which the District Magistrate must consider in light of the acquittal within eight weeks, and the writ petition was disposed.
Issues considered
- Whether the cancellation of the arms licence and the affirmation by the Divisional Commissioner can be quashed for non‑consideration of the petitioner’s acquittal.
- Whether the District Magistrate’s rejection of the licence application without applying mind violates legislative intent and the petitioner’s constitutional right to livelihood.
- Whether the petitioner is entitled to a fresh consideration of his arms licence application in view of the final acquittal.
Subjects
- arms licence
- acquittal
- writ of certiorari
- mandamus
- non‑application of mind
- constitutional right
- livelihood
- district magistrate
- divisional commissioner
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3204 of 2025
======================================================
Anil Kumar Pandey Son of Late Ram Kripal Pandey Resident of Village-
Geruabandh, P.O. Basantpur, P.S. Harhi, District-Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The Divisional Commissioner, Patna Division, Patna.
3. The District Magistrate, District-Buxar.
4. The Superintendent of Police, Buxar District-Buxar.
5. The Office-in-Charge, Police Station-Buxar. (Town), District-Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Singh, Adv.
For the Respondent/s : Mr. K.P. Gupta, GP10
Mr. Satya Vrat, AC to GP10
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
5 08-04-2026 In this writ application, the petitioner has prayed for
the following relief:-
“1. That this is an application for quashing the
order dated 14.11.2024 passed by the learned
Divisional Commissioner, Patna Division, Patna in
Arms Appeal Case No. 279/2024 by which he has
rejected the appeal of the petitioner and affirm the
order dated 16.8.2024 passed by the learned Arms
Magistrate cancelled the License of D.B.B.L. Gun
vide license no. 04/Buxar/Itarhi/ 2020 of the
petitioner, by issuance of writ in the nature of
certiorari as well as for issuance of writ in the nature
Patna High Court CWJC No.3204 of 2025(5) dt.08-04-2026
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of Mandamus or any other writ or writs, direction or
directions to the respondents to restore the license of
the petitioner in accordance with law as the
petitioner has been acquitted of the charges as a
Judgment of acquittal has been passed by the trial
court vide Judgment dated 17.10.2022.”
2. Counsel for the petitioner submits that the acquittal
recorded in favour of the petitioner in the criminal case being
Buxar Town P.S. Case No. 222 of 2022 against which the
petitioner was put on trial and judgment of acquittal has been
recorded by the court of learned Judicial Magistrate, 1st Class
Court no. 13, Dist. Buxar vide its judgment dated 17.10.2022
and application for the arms license, which is said to have been
applied by this petitioner initially having been rejected vide
order dated 18.09.2022 which was put to challenge before the
Divisional Commissioner, Patna, who had set aside the order
passed by the District Magistrate, Buxar, the District Magistrate
was required to have considered afresh for grant of license on
the basis of materials available on record but, very surprisingly,
from the order impugned, it appears that the District Magistrate,
Buxar, instead making fresh exercise and showing application of
mind, and has no occasion for taking into account the judgment
of acquittal recorded in the Buxar Town P.S. Case No. 222 of
2022, has rejected the application for grant of license which,
Patna High Court CWJC No.3204 of 2025(5) dt.08-04-2026
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from the impugned order dated 16.8.2024, it appears that the
earlier rejection order has been restored, which is completely in
derogation of the legislative intent and as also affecting
constitutional right of the petitioner, who is said to be earning
his livelihood by rendering his services as guard on the strength
of the Arms licence, in question.
3. Considering the aforesaid, this Court finds it
appropriate to set aside the order passed by the District
Magistrate, Buxar whereby the application for grant of arms
license is said to have been rejected and, since the order suffers
from the vice of non-application of mind, which consequently
having been approved by the Divisional Commissioner, Patna, is
also required to be set aside, as the judgment of acquittal has not
been considered and, accordingly, the District Magistrate, Buxar
is directed to consider the application for arms license afresh on
the basis of materials available on record as on today.
4. In view of the aforesaid, the petitioner is directed to
file a representation bringing on record the subsequent
development for consideration of his original application filed
for grant of arms license.
5. It is expected that on filing of such application, the
District Magistrate, Buxar will consider it in accordance with
Patna High Court CWJC No.3204 of 2025(5) dt.08-04-2026
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the legislative intent and as also by considering the judgment of
acquittal, which is said to have been recorded by the court of
learned Judicial Magistrate, 1st Class Court no. 13, Dist. Buxar,
which has attained finality, within a period of eight weeks.
6. With the aforementioned observation and direction,
the writ petition stands disposed of.
(Ajit Kumar, J)
rishi/-
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