Patna High Court
Ranjeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The District Magistrate must decide the petitioner’s arms licence application within eight weeks after receiving a police threat‑perception report.
Summary
The petitioner, Ranjeet Kumar, filed a writ petition seeking a direction to the State of Bihar and its officials to grant him an arms licence for a handgun. He alleged that he had submitted an application in the prescribed format to the District Magistrate, Gaya on 19 May 2023, but no decision had been taken. The State contended that the competent authority must adjudicate the application in accordance with law. The Court observed that the District Magistrate is required to pass a final order on the licence application after obtaining a police report on the alleged threat perception, and to communicate the decision to the petitioner within eight weeks. Accordingly, the writ petition was disposed with the said direction.
Issues considered
- Whether the District Magistrate is duty-bound to decide the pending application for an arms licence within a reasonable time.
- Whether the petitioner is entitled to a judicial direction under the Arms Act to grant the licence.
Legislation cited
Subjects
- arms licence
- writ jurisdiction
- administrative law
- district magistrate
- police report
- threat perception
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.688 of 2025
======================================================
Ranjeet Kumar S/o Ramswarup Mahto, resident of Village - Ganauri Tilha
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, Advocate
For the Respondent/s : Mr. Standing Counsel (18)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-06-2026 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, Gaya, which is appended to the
writ application as Annexure-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.688 of 2025(2) dt.25-06-2026
2/2
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 after seeking
report from the local Police with regard to threat perception,
which the petitioner has alleged. 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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