Patna High Court

Abhishek KumarversusThe State of Bihar

Decided: 15 April 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The competent authority must decide the pending arms license application within a reasonable period, here directed to be eight weeks, and communicate the order to the petitioner.

Summary

The petitioner, Abhishek Kumar, filed an application on 18-11-2025 with the District Magistrate-cum- District Arms Magistrate of Jehanabad for a license to possess a non‑prohibited bore rifle and pistol under the Arms Act. No decision was taken on the application, prompting the petitioner to file a writ petition seeking a direction to the authorities to grant the license and dispose of the pending application. The State argued that the competent authority must adjudicate the application in accordance with law. The High Court directed the District Magistrate to pass a final order on the license application within eight weeks and to communicate the decision to the petitioner. Consequently, the writ petition was disposed.

Issues considered

Whether the District Magistrate-cum- District Arms Magistrate is obligated to decide a pending arms license application within a reasonable time.
Whether a writ can be issued directing the grant of an arms license under the Arms Act.

Legislation cited

Arms Act, 1959

Subjects

Arms Act
license
administrative delay
District Magistrate
writ jurisdiction
public interest

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3320 of 2026
                 ======================================================
                 Abhishek Kumar S/o Sachidanand Sharma, Resident of Village-Khalkochak,
                 P.O.-Makdumpur, P.S.-Makdumpur, District-Jehanabad. ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through Director General of Police, Home Department,
                  Government of Bihar, Patna.
           2.    The District Magistrate cum District Arms Magistrate, Jehanabad.
           3.    The Superintendent of Police, Jehanabad.
           4.    The Sub Divisional Superintendent of Police, Jehanabad.
           5.    The Sub Divisional Officer, Jehanabad.
           6.    The Officer in Charge, Makdumpur.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Sheo Kumar Prasad, Adv.
                 For the Respondent/s   :     Standing Counsel (13)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   15-04-2026                          Heard learned counsel for the petitioner and

                   learned AC to SC-13.

                               2. The writ application has been filed seeking a

                   direction commanding the respondents authorities to grant

                   license of NP Bore Rifle and NP Bore Pistol to the petitioner in

                   terms of provisions of Arms Act and to dispose of the

                   application dated 18.11.2025 filed by the petitioner which is

                   said to be pending before the Respondent No.2/The District

                   Magistrate-cum-District Arms Magistrate, Jehanabad.

                               3. Learned counsel for the petitioner submits that an

                   application in the prescribed format has already been filed

                   before the District Magistrate, Jehanabad, 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
             Patna High Court CWJC No.3320 of 2026(2) dt.15-04-2026
                                                         2/2




                       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 18.11.2025, 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, Jehanabad, 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)
    perwez

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