Patna High Court
Vinod Prasad KushwahaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the District Magistrate‑cum‑Licensing Authority must decide the petitioner’s arms licence application within eight weeks and communicate the decision.
Summary
The petitioner, Vinod Prasad Kushwaha, filed a writ petition seeking a direction to the State of Bihar and the District Magistrate‑cum‑Licensing Authority to grant him an arms licence for a handgun. He alleged that an application filed on 25‑04‑2025 in the prescribed format had not been acted upon, violating the provisions of the Arms Act which allow a licence for safety of life and property. The State contended that the authority is required to adjudicate the application in accordance with law. The Court directed the District Magistrate‑cum‑Licensing Authority to take a final decision on the licence application within eight weeks and to communicate the order to the petitioner. Consequently, the writ petition was disposed.
Issues considered
- Whether the District Magistrate‑cum‑Licensing Authority is bound to decide a pending arms licence application within a reasonable time under the Arms Act.
- Whether the High Court can issue a writ directing the authority to grant or refuse the licence.
Legislation cited
Subjects
- Arms licence
- Writ petition
- Administrative law
- Licensing authority
- Delay in decision
- Safety of life and property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4458 of 2026
======================================================
Vinod Prasad Kushwaha S/o-Late Hardev Prasad Kushvaha, R/o Vill-
Taghwananadpur Kanti Tola, P.S - Bairiya, District- West Champaran, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Home, Govt. of Bihar, Patna.
2. The District Magistrate-cum-Licensing Authority, West Champaran.
3. The Superintendent of Police, West Champaran.
4. The SHO, P.S.-Bairiya., west Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aayush Abhishek, Advocate
For the Respondent/s : Mr. Standing Counsel (22)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 15-05-2026 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 (revolver/pistol) 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-cum-Licensing Authority, West
Champaran, which is appended to the writ application as
Annexure-P/2. 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 license may be
Patna High Court CWJC No.4458 of 2026(2) dt.15-05-2026
2/2
granted for ensuring the safety of life and property upon an
application being made. Despite the application having been
filed on 25.04.2025 , 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-cum-Licensing Authority, West
Champaran, 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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