Patna High Court
Rajmangal PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The District Magistrate must decide the petitioner’s arms license application within eight weeks and communicate the order.
Summary
Petitioner Rajmangal Prasad filed a writ petition seeking a direction to the State of Bihar and its officials to grant him a handgun license under the Arms Act. He had already submitted an application in the prescribed format to the District Magistrate, Gaya on 19 May 2023, but no decision had been taken. The petitioner argued that the license should be granted to ensure safety of life and property, while the State contended that the competent authority must adjudicate the application according to law. The High Court directed the District Magistrate to make a final decision on the license application within eight weeks and to communicate the order to the petitioner. Accordingly, the writ application was disposed.
Issues considered
- Whether the District Magistrate is obligated to decide a pending arms license application within a reasonable time under the Arms Act.
Legislation cited
Subjects
- Arms license
- Writ jurisdiction
- Administrative delay
- Arms Act
- District Magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.410 of 2025
======================================================
Rajmangal Prasad S/o Ramasawaroop Anchh Prasad, Resident of Village-
Pahara, Anchal- Guraru, P.S.- Paraiya, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Home,
Govt. of Bihar, Patna.
2. The District Magistrate, Gaya.
3. The District Arms Magistrate, District- Gaya.
4. The Superintendent of Police, District- Gaya.
5. The Officer in charge, Police Station- Paraiya, District- Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar Sinha
For the Respondent/s : Mr.Standing Counsel (1)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 06-05-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ application has been filed seeking a
direction to the respondents to issue an arms license for a
handgun in the name of the petitioner.
3. Learned counsel for the petitioner submits that an
application in the prescribed format has already been filed
before the District Magistrate, Gaya , 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 license. It is
further submitted that, as per the provisions of the Arms Act, a
Patna High Court CWJC No.410 of 2025(4) dt.06-05-2026
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license may be granted for ensuring the safety of life and
property upon an application being made. Despite the
application having been filed on 19.05.2023, 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, Gaya, 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)
sharun/-
U
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