Patna High Court
Raj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The Court ordered the State to pay Rs. 1,47,000 to the petitioner as compensation for the missing rifle.
Summary
Petitioner Raj Kumar filed a writ petition seeking the return of Rifle No. AB04-5407, which had been deposited with the Nawada Town Police Station's Malkhana as per a 2020 order of the District Magistrate. The rifle was later found missing from police custody, and the respondents admitted the loss in their counter‑affidavit, noting the original purchase price of Rs. 43,253 and a current market value of approximately Rs. 1,47,000. The State argued that it was prepared to pay the petitioner the prevailing market price of Rs. 1,47,000 as compensation. The Court considered the misplacement of the rifle by the police and the appropriate quantum of compensation. Accordingly, the Court directed the District Magistrate, Nawada to pay Rs. 1,47,000 to the petitioner within one month, and disposed of the writ application.
Issues considered
- Whether the State is liable to compensate the petitioner for the loss of the rifle deposited in police custody
- What is the appropriate amount of compensation for the missing rifle
Subjects
- compensation
- loss of property
- police custody
- arms licensing
- civil writ
- misplacement
- restitution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4219 of 2024
======================================================
Raj Kumar Son of Late Bhuneshwar Prasad Resident of Mohalla- Prasad
Bigha, P.S. and District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director General of Police, Government of
Bihar, Patna.
2. The Divisional Commissioner, Magadh Division at Gaya
3. The District Magistrate-cum-Licensing Authority, Nawada.
4. The District Arms Magistrate, Nawada.
5. The superintendent of Police, Nawada.
6. The Station House Officer, Nawada (Town), District- Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Sinha, Sr. Advocate
Mr. Bhola Kumar, Advocate
Ms. Pratima Kumari, Advocate
For the State : Mr. Ranjeet Kumar, AC to GP-26
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 27-02-2026 Heard learned counsel for the parties concerned.
2. The present writ application has been filed for a
direction to the respondents to hand over the Rifle No. AB04-
5407 to the petitioner in terms of the order dated 05.06.2020,
passed by the District Magistrate-cum-Licensing Authority,
Nawada, which was deposited on 05.05.2006. It is admitted
position that the rifle was deposited in Malkhana of Nawada
Town Police Station and the rifle was found missing from the
custody of Malkhana.
3. Mr. Alok Kumar Sinha, learned senior counsel for
Patna High Court CWJC No.4219 of 2024(5) dt.27-02-2026
2/2
the petitioner submits that in the counter affidavit, the
respondents have accepted that the rifle deposited by the
petitioner has been misplaced at their hands. In para 13 of the
counter affidavit the respondents have mentioned that the price
of the rifle at the time of purchase was Rs. 43,253/- and now the
present price of rifle is approximately Rs. 1,47,000/-.
4. Learned counsel for the State submits that
respondents are ready to pay a sum of Rs. 1,47,000/- to the
petitioner, which is the prevailing price of the rifle.
5. Regards being had to the submissions made on
behalf of the parties taking into consideration the fact that the
rifle of the petitioner has misplaced from the custody of the
police and the present price of the rifle is Rs. 1,47,000/-,
accordingly I direct the District Magistrate, Nawada to pay a
sum of Rs. 1,47,000/- in favour of the petitioner within a period of
one month from the date of receipt/production of a copy of this order.
6. Accordingly, the aforesaid observation and
direction, the present writ application stands disposed of.
(Anil Kumar Sinha, J)
Siwani/-
U
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