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Patna High Court

Shyam Sundar PrasadversusThe state of Bihar

Decided
Disposal
ALLOWED

Holding

The orders rejecting the licence were quashed because the licensing authorities failed to consider the threat perception and did not record the requisite subjective satisfaction, and the matter was remitted for fresh adjudication.

Summary

Shyam Sundar Prasad applied for an N.P. bore rifle license which was rejected by the District Magistrate, West Champaran. The rejection was upheld by the Commissioner, Tirhut Division. The petitioner filed a writ petition alleging that the licensing authorities failed to consider a police report of a prior murderous attack on him and did not record the required subjective satisfaction under Sections 13(3)(b) and 14(1)(b)(2) of the Arms Act, 1959. The High Court held that the authorities erred by not addressing the threat perception and by not providing reasons, thereby violating the precedent that overt acts are not necessary for threat perception. Consequently, the Court set aside both the district magistrate’s and the commissioner’s orders and directed the District Magistrate to re‑adjudicate the licence application within six weeks. The writ petition was allowed.

Issues considered

  • Whether the licensing authority must record its subjective satisfaction when refusing a licence under Sections 13(3)(b) and 14(1)(b)(2) of the Arms Act, 1959.
  • Whether a threat perception, without an overt act, is sufficient ground to grant a firearm licence under the Arms Act and Arms Rules, 2016.
  • Whether the failure to consider a police report of a prior attack constitutes a jurisdictional error warranting quash of the orders.

Legislation cited

Subjects

  • Arms licence
  • Threat perception
  • Subjective satisfaction
  • Quashing order
  • High Court writ
  • Public safety
  • Licensing authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3669 of 2025
                 ======================================================
                 Shyam Sundar Prasad S/o- Late Bhrigunath Prasad Resident of Village - Kali
                 Bag Jora Inar, P.S.- Bettiah Nagar (Kali Bag O.P.), District - West Champaran
                 at Bettiah, Bihar.
                                                                               ... ... Petitioner/s
                                                     Versus
           1.     The state of Bihar through the Home Secretary, Government of Bihar.
           2.    District Magistrate, West Champaran at Bettiah. Divisional Commissioner,
                 Tirhut division, Muzaffarpur.
           3.    District Arms Magistrate, West Champaran at Bettiah.
           4.    Additional District Magistrate (Arms), West Champaran, at Bettiah.
           5.    Superintendent of Police, West Champaran, at Bettiah.
           6.     S.H.O. Bettiah Nagar, Police Station, West Champaran, at Bettiah.
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Manisha Pandey, Adv.
                 For the Respondent/s    :       Mr. Kumar Alok, Standing Counsel (07)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

4   23-03-2026                   Heard learned counsel for the petitioner and learned

                   Standing Counsel-07 for the State.

                               2. The instant writ petition has been filed for the

                   following relief(s):-

                                                               “That this is an application

                                                  for     quashing       the    order          dated

                                                  02.01.2025 passed in Arms Appeal

                                                  Case       No.      149/2024           by      the

                                                  Commissioner,           Tirhut         Division,

                                                  Muzaffarpur        whereby       the        appeal

                                                  preferred by the petitioner against the
Patna High Court CWJC No.3669 of 2025(4) dt.23-03-2026
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                                          order dated 09.03.2024 contained in

                                          Memo No. 89/Arms, dated 09.03.24

                                          passed in Case No. 05/2024 by the

                                          District Magistrate, West Champaran,

                                          Bettiah was rejected; for quashing the

                                          order           dated          09.03.2024

                                          (communication to the petitioner by

                                          memo no. 89/Arms, West Champaran,

                                          Bettiah whereby and where under he

                                          was pleased to reject the petitioner's

                                          application for grant of a N.P.Bore

                                          Rifle    license,   for   directing   the

                                          respondent authorities especially the

                                          district magistrate, West Champaran

                                          to grant to the petitioner a N.P. Bore

                                          Rifle license without any delay and for

                                          all consequential reliefs to which the

                                          petitioner is found entitled during the

                                          course     of   hearing   of   this   writ

                                          application. And other relief which the

                                          petitioner found deserving to be

                                          granted for arms license under the
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                                          Arms Act 1959 as well as 25 of the

                                          Arms Rule, 2016 under the facts and

                                          circumstances of the case.”

                      3. Learned counsel for the petitioner submits that the

          impugned order has been passed pursuant to the direction issued

          by this Court on 02.05.2023 passed in CWJC No. 12152 of 2022

          and the reason for rejection which has been incorporated in the

          order impugned dated 09.03.2024, goes to show that the

          authorities/District Magistrate, West Champaran, Bettiah while

          referring to the provisions under Arms Act, 1959, Section 13(3)

          (b) and Section 14 (1) (b) (2), wherein the Licensing Authorities

          have been empowered to refuse to grant a license on

          satisfaction,     where it transpires to the authorities that for

          security of the public peace or for public safety, the same can be

          refused. It has next been submitted that the petitioner’s

          application, which has been filed on the ground of the

          antecedent, has already been examined by the local police and

          as also by the Superintendent of Police, wherein, there is a

          specific report that the petitioner is dealing in the business of

          gold and silver in Meena Bazar and was subjected to murderous

          attack by unknown persons for which Kali Bagh PS Case No.

          239 of 2000 (Annexure P/2) was registered, which facts have
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          not been considered whereas, these facts have been incorporated

          in the original order and as also in the appellate order passed by

          the Commissioner, Tirhut Division, Muzaffarpur, who has

          upheld the decision of the District Magistrate, West Champaran,

          Bettiah. Learned counsel for the petitioner, by referring to the

          order of this Court dated 01.02.2016 passed by the Co-ordinate

          Bench in CWJC No. 13391 of 2014 (Deepak Kumar v. The

          State of Bihar & Ors), submits that the lack of specific evidence

          regarding threat perception does not form the ground of

          rejection of grant of license and the threat perception does not

          mean that a person has to suffer any overt-act for entitlement of

          grant of fire-arm license.

                      4.    On the other hand, Sri Kumar Alok, learned

          Standing Counsel-07, supports the decision taken by the District

          Magistrate, West Champaran, Bettiah and as also that of the

          Commissioner, Tirhut Division, Muzaffarpur, by submitting that

          it is the subjective satisfaction of the licensing authorities in

          granting license or in refusing the same on his/her/their personal

          satisfaction, where the security of public peace and for public

          safety, such decisions are required to be taken by them. But

          insofar as the subjective satisfaction is concerned, which is

          required to have been mentioned/indicated in the order
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          impugned and as also in the appellate order, which is apparently

          missing, for which, learned State counsel in view of the factual

          position fairly submits that such consideration is indeed missing

          from the orders impugned.

                      5.    Considering the submission of the parties, this

          Court finds that since there is already a report of local police

          wherein the petitioner’s nature of business has already been

          spelled out and as also a murderous attack, which has already

          been made on this petitioner, such aspect having not been dealt

          with, by the licensing authorities in their orders, and even from

          the appellate order, it does not appear that the appellate

          authorities have considered such issues with regard to the

          petitioner’s entitlement for grant of license which, in express

          terms, and the Co-ordinate Bench having held that with regard

          to threat perceptions, it is not required that a person has to suffer

          with any overt-act for such grant of license, in view of the

          factual background, which is evident from record, this Court

          sets aside both the orders i.e., order dated 09.03.24 passed in

          Case No. 05/2024 by the District Magistrate, West Champaran,

          Bettiah as well as the order dated 02.01.2025 passed in Arms

          Appeal Case No. 149/2024 by the Commissioner, Tirhut

          Division, Muzaffarpur (Annexures P/4 and P/5 respectively).
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                                   6.      Consequently, the District Magistrate, West

                       Champaran, is directed to adjudicate the claim of the petitioner

                       for grant of license on the basis of earlier application filed by

                       this petitioner on 12.07.2018 and in case, any new format of

                       application has been introduced for seeking request for grant of

                       license by the applicant, in such event, the petitioner would be

                       appropriately communicated to carry out the formalities for

                       filling up such application and, in case, there is no such change,

                       in such event, the petitioner’s application for grant of license

                       shall be adjudicated within a period of six weeks from filing of a

                       representation by the petitioner before the authorities concerned.

                                   7. Accordingly, the writ petitioner stands allowed.



                                                    (Ajit Kumar, J)
    perwez

U


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