Patna High Court
Vinay Kumar SinghversusThe 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 report on threat perception.
Summary
The petitioner, Vinay Kumar Singh, filed a writ petition seeking a direction to the State to grant him an arms licence for a handgun, alleging that his application filed on 28‑07‑2022 with the District Magistrate, Bhojpur, remained pending. The petitioner argued that under the Arms Act a licence may be granted for safety of life and property and that the delay violated his right to a timely decision. The State contended that a representation had been made by the Superintendent of Police and that the competent authority was required to adjudicate the application in accordance with law. The Court directed the District Magistrate to obtain a police report on the alleged threat perception and to pass a final order on the licence application within eight weeks, communicating the decision to the petitioner. Accordingly, the writ application was disposed with the said directions.
Issues considered
- Whether the District Magistrate is obligated to decide a pending arms licence application within a reasonable time.
- Whether the court can direct the administrative authority to decide the licence application after obtaining a police report.
Legislation cited
Subjects
- arms licence
- writ petition
- administrative delay
- District Magistrate
- police report
- safety of life and property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.736 of 2025
======================================================
Vinay Kumar Singh Son of Late Harikishore Singh Resident of Village and
P.O. Barnaon, P.S.-Ayer, District-Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Bhojpur at Ara.
2. The Superintendent of Police, Bhojpur at Ara.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Tiwary, Advocate
For the Respondent/s : Mr. Standing Counsel (06)
======================================================
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, Bhojpur at Ara, which is
appended to the writ application as Annexure-P/3. 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 granted for ensuring the safety
of life and property upon an application being made. Despite the
application having been filed on 28.07.2022, no decision has yet
Patna High Court CWJC No.736 of 2025(2) dt.25-06-2026
2/2
been taken.
4. On the other hand, learned counsel for the State, Sri
Abbas Haider, submits that there has already a representation
submitted by the local Police through Superintendent of Police,
Bhojpur, and 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, Bhojpur at Ara, 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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