Patna High Court
Shreyash BhardwajversusUnion of India
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court held that the renewal of the expired license cannot be ordered ex parte; the District Magistrate and District Arms Magistrate must verify the petitioner’s antecedent and decide on the renewal within two weeks.
Summary
The petitioner, an aspiring shooter, filed a writ petition seeking renewal of his expired Arms License No. 224/2014, arguing that a 2019 amendment to Section 3(2) of the Arms Act, which reduced the permissible number of weapons from three to two, should not affect his pre‑existing license and that he is eligible for exemption under a 2020 Home Ministry notification. He also contended that the authorities had not acted on his application for removal of excess weapons. The respondents, the District Magistrate and District Arms Magistrate, were directed to verify the petitioner’s criminal antecedent and, if none existed, to consider the renewal within two weeks. The court did not order an immediate renewal but mandated a prompt verification and decision by the authorities. Consequently, the writ petition was disposed of.
Issues considered
- Whether the amendment reducing permissible weapons under Section 3(2) of the Arms Act, 1959 applies to a license granted before the amendment.
- Whether an aspiring shooter is entitled to exemption under the Home Ministry notification dated 12‑02‑2020.
- Whether the High Court can direct the renewal of an expired arms license pending verification of antecedents.
- Whether the authorities must act on the petitioner’s application for removal of excess weapons.
Legislation cited
- Arms Act, 1959 — s. 3(2)
Subjects
- Arms License
- Renewal
- Arms Act 1959
- Section 3(2)
- aspiring shooter
- exemption
- writ petition
- High Court
- verification
- police antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5074 of 2026
======================================================
Shreyash Bhardwaj S/o- Sri Naresh Kumar, Permanent R/o Village- Chhajan
Sangram, P.O.- Chhajan Harishankar, P.S.- Turki, District- Muzaffarpur At
Present R/o Mohalla- Aadarsh Nagar, Majhaulia, P.O.- Khabra (Now
(Dumari), P.S.- Sadar, District- Muzaffarpur, Pincode- 843113, Mob. No.-
9430010000.
... ... Petitioner/s
Versus
1. Union of India through Principal Secretory, Department of Home
Government of India, New-Delhi.
2. State of Bihar, through Chief Secretary Bihar, Patna.
3. Principal Secretary, Department of Home, Government of Bihar, Patna,
Bihar.
4. District Magistrate, Muzaffarpur.
5. District Arms Magistrate, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shreyash Bhardwaj (In Person)
For the Respondent/s : Mr. Additional Solicitor General
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
(a) To direct the respondent no. 04 and 05 to
renew arms license no. 224/2014, (Kudhani)
standing in name of petitioner having been
properly identified as an aspiring shooter in usual
way like previous one.
(b) To direct the respondent no. 04 and 05 to
renew the arms license no. 224/2014 (Kudhani) at
once because of the fact that due to indocility of the
Patna High Court CWJC No.5074 of 2026(2) dt.12-05-2026
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respondent no.- 04 and 05the validity of License
No.- 224/2014 (Kudhani) expired.
(c) Any other order/orders which in the fact
and circumstances of the case so attract.
3. Learned counsel for the petitioner submits that the
petitioner is an aspiring shooter, who is entitled for exemption in
terms of notification issued by the Government of India, Home
Department Ministry of Home Affairs dated 12.02.2020, so no.
665(E) to possess more arms than so allowed under Section 3(2)
of the Arms Act, 1959.
4. It is the case of the petitioner that, pursuant to the
amendment effected in the year 2019 to the Arms Act, 1959,
inter alia, Section 3(2) of the Arms Act, 1959, whereby the
number of weapons permissible under a license has been
reduced from three to two. The petitioner, who had already been
granted a license to possess three weapons, prior to the
amendment, submits that the said amendment reducing the
permissible number of weapons to two may not be applicable in
his case. It is further submitted that an application for removal,
as contemplated under the applicable Rules, was required to be
considered; however, for unexplained reasons, the same has not
been acted upon, while the validity of License No. 224 of 2014
has since expired.
5. It has further been submitted that the petitioner,
Patna High Court CWJC No.5074 of 2026(2) dt.12-05-2026
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being an aspiring shooter, is to appear in the State Shooting
Championship, which is scheduled from 1st June 2026, and
because of the license having been expired, the petitioner may
not be able to participate in the said championship and
accordingly, it is prayed that on priority basis, the consideration
of his license may be considered by the authorities and the
petitioner has not earned any criminal antecedent during the
subsistence of such license, which can be verified from the local
Police official.
6. Respondent Nos.4 and 5, District Magistrate and
the District Arms Magistrate, Muzaffarpur, are directed to verify
the antecedent of this petitioner and as also looking to the Police
report, if there is no other legal impediment, then in such event,
the renewal of license for which the application has been made
shall be examined by the concerned authorities within a period
of two weeks from the date of representation and necessary
decision / renewal shall be made in accordance with law.
7. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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