Satish KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.7049 of 2026
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                 Satish Kumar Son of Ram Yatan Prasad, Resident of Village Ward No. 24.
                 Kajichak, P.S.- Barh, District-Patna.

                                                              ... ... Petitioner/s
                                             Versus
           1.    The State of Bihar Through Home Secretary, Home Department,
                 Government of Bihar, Patna.
           2.    The Divisional Commissioner, Patna.
           3.    The District Magistrate-cum-Collector, Patna.

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Petitioner/s   :     Mr.Pritish Kumar Lal, Adv.
                 For the Respondent/s   :     Mr.Standing Counsel (22)
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                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   16-06-2026                 Heard learned counsel for the parties.

                               2. The instant writ application has been filed seeking a

                   direction upon the District Magistrate-cum-Licensing Authority,

                   Patna for disposing of the application no. 19398 filed in relation

                   to grant of license for N.P. Bore Rifle to the petitioner forthwith.

                               3. Learned counsel for the petitioner submits that the

                   father of the petitioner is a rich farmer of the locality and was

                   attacked twice by the anti-social persons and, for the safety and

                   security of the property and the family members, the petitioner

                   applied for license of N.P. Bore Rifle on 29.04.2015 in the

                   prescribed format under application no. 19398. It is next

                   submitted that when no order was passed by the Licensing

                   Authority on the application filed by the petitioner, the
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          petitioner moved before this Court in CWJC No. 13706 of 2018

          and this Court vide order dated 24.07.2018, directed the

          Licensing Authority to pass an appropriate order on the

          application of the petitioner for grant of license for N.P. Bore

          Rifle. It is next submitted that pursuant to the order passed by

          this Court dated 24.07.2018, the Licensing Authority, Patna,

          without considering the report of the Senior Superintendent of

          Police, Patna and the Additional Superintendent of Police, Barh

          refused the prayer of the petitioner for grant of license to him.

          Thereafter, being aggrieved with the order passed by the

          Licensing Authority, the petitioner filed an appeal before the

          Divisional Commissioner, Patna vide Arms Appeal No. 75 of

          2019 which was also dismissed in a most casual manner. It is

          next submitted that thereafter the petitioner again moved before

          this Court in CWJC No. 1692 of 2023 and this Court, vide order

          dated 22.10.2024, quashed the order dated 07.07.2022 passed by

          the Divisional Commissioner, Patna in Arms Appeal No. 75 of

          2019 and remanded the case directing the Divisional

          Commissioner, Patna for passing a reasoned and speaking order

          afresh. On remand of Arms Appeal No. 75 of 2019, the

          Divisional Commissioner, Patna vide order dated 05.06.2025,

          pleased to set aside the order contained in Memo No. 2210
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          relating to Arms Case No. 09-479/2015 and remanded the case

          to the Licensing Authority to pass an order in accordance with

          the provisions of the Arms Act and Rules by assessing the threat

          perception. It has next been submitted that the petitioner

          thereafter filed a petition on 17.07.2025 before the Licensing

          Authority but, till date, no order has been passed by the

          Licensing Authority on the prayer of the petitioner for grant of

          license for N.P. Bore Rifle to the petitioner. Lastly, it is

          submitted that the Licensing Authority is sitting tight over the

          petition filed by the petitioner before him for grant of N.P. Bore

          Rifle.

                      4. On the other hand, learned counsel for the State

          submits that a report has already been placed for consideration

          before the Senior Superintendent of Police, Patna. The said

          report indicates that the petitioner has a threat perception and,

          therefore, District Magistrate, Patna, may be directed to

          adjudicate the issues of grant of license in accordance with law

          by looking to the report of Senior Superintendent of Police,

          Patna.

                      5. Considering the submissions of the parties and the

          materials available on record, this Court finds it appropriate to

          direct the District Magistrate-cum-Collector, Patna to decide the
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                    claim of the petitioner for grant of license for N.P. Bore Rifle

                    within a period of eight weeks from today.

                                6. With the aforesaid observations and directions, the

                    instant writ application stands disposed of.



                                                                     (Ajit Kumar, J)
rishi/-

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