Patna High Court
Abdul FatahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The order dismissing the appeal on technical grounds is set aside, and the appeal is restored for a merits-based hearing.
Summary
Abdul Fatah filed a writ petition challenging the dismissal of his appeal (Arms Act) Case No. 174/2024 on a technical ground, contending that his constitutional right to life required a merits-based hearing. The State of Bihar did not dispute the need for a merits hearing. The Patna High Court observed that the appellate authority’s order dated 21‑10‑2024 was passed without addressing the substantive issues and therefore interfered. The Court set aside the impugned order, restored the appeal to its original file, and directed the appropriate authority to issue notice and hear the parties within three months. Consequently, the writ application was disposed of.
Issues considered
- Whether the appellate authority could dismiss the appeal on a technical ground without adjudicating the petitioner's constitutional right to life.
- Whether the order dated 21‑10‑2024 should be set aside and the appeal restored for a merits hearing.
Legislation cited
Subjects
- right to life
- Article 21
- Arms Act
- appellate authority
- technical dismissal
- restoration of appeal
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5499 of 2025
======================================================
Abdul Fatah S/o Late Abdul Wahab, R/o Village and Post-Sikandarpur, P.S.-
Barhatia, G.B. Nagar, District-Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Divisional Commissioner, Siwan.
3. The District Magistrate, Siwan.
4. The Arms Magistrate, Siwan.
5. The Station House Officer, G.B. Nagar, Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Yadav, Adv.
For the Respondent/s : Mr.Government Pleader (27)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 17-03-2026 Heard learned counsel for the parties.
2. Admittedly, the appellate authority seems to have
dismissed this case on technical ground and the issues, which
were placed for consideration, are related to the petitioner’s
right to life, which needs to be protected by the State authorities
but, the manner in which the appellate authority seems to have
passed the impugned order deserves to be interfered with by
directing the appeal preferred by this petitioner to be
adjudicated on merit.
3. On the other hand, the State does not dispute the
factual position that the issue needs to be adjudicated on merit
as it concerns the constitutional right of this petitioner.
Patna High Court CWJC No.5499 of 2025(2) dt.17-03-2026
2/2
4. Considering the fact that the issue needs to
adjudicated on merit and since the order impugned has not been
adjudicated and the same has been dismissed on technical
ground, accordingly, the order dated 21.10.2024 is set aside and
the Appeal (Arms Act) Case No. 174/2024 is restored to its
original file and it is expected that the appropriate authority
shall issue notice to the appellant by fixing a date and, after
hearing the parties, will pass appropriate orders in accordance
with law within a period of three months from the date of
receipt/production of a copy of this order.
5. With the aforementioned observation, the writ
application stands disposed of.
(Ajit Kumar, J)
rishi/-
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