Patna High Court
Tej Prakash SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that compliance with the deposit notice and explanation of delay entitles the petitioner to the release of the arms within four weeks.
Summary
Petitioner Tej Prakash Singh, holder of a double‑barrel gun licence (No. 01/2007) since 2007, filed a writ petition seeking the release of his arms licence and the gun he had deposited with the police as per a notice. He submitted that he had complied with the notice, deposited the arms, and explained any delay in submission. The State argued that the petitioner had fulfilled the required compliance and that the authorities should now order the release. The Court observed that the petitioner had indeed complied, no other impediment existed, and therefore directed the District Magistrate to order the release of the arms within four weeks. Consequently, the petition was disposed, granting the relief sought.
Issues considered
- Whether the petitioner, having complied with the notice and deposited the arms, is entitled to the release of his arms licence and the deposited firearm.
Legislation cited
- Arms Act, 1959 — s. 17
Subjects
- Arms licence
- Arms Act
- Writ petition
- Release of deposited arms
- Compliance with notice
- District Magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8896 of 2025
======================================================
Tej Prakash Singh S/o Late Kailash Singh, Resident of village- Jigna, P.O. -
Baraila, P.S. - Shivsagar, District- Rohtas, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.
2. The District Magistrate, Rohtas.
3. The District Arms Magistrate, Rohtas.
4. The Superintendent of Police, Rohtas.
5. The Station House Officer, P.S. - Shivsagar, District - Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pranab Bardhan
Mr.Prashant Kumar
For the Respondent/s : Mr.Additional Advocate General (5)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-03-2026 In the instant petition, petitioner has prayed for the
following relief(s):-
“That the present writ
application has been filed for issuance of
appropriate writ or writs, direction or
directions to the respondent authorities,
a direction to the respondents to release
Arms License i.e. License No.-01/2007 of
Double barrel Gun, and also to release
the Arms deposited by the petitioner in
Shivsagar Police Station Rohtas., as the
petitioner has been holder of Arms
License since 2007 and from time to time
has verified his arms license and never
violated the condition of license as
prescribed under Section 17 of the Arms
Act, 1959 and under the prescribed Rules
and/or, For issuance of appropriate
consequential writ or writs under the
facts and circumstances of the case.”
Patna High Court CWJC No.8896 of 2025(2) dt.16-03-2026
2/3
2. Counsel for the petitioner submits that pursuant to
notice as contained in Annexure-P/5, the petitioner is said to
have deposited the arms vide Annexure-P/6 and appropriate
response for delay and submission of arms has already been
brought to the notice of District Arms Magistrate, Rohtas at
Sasaram vide Annexure-P/7, P/8 & P/9 but for reasons
unexplained, the arms so deposited has not been released.
3. Counsel for the State submits that since the
appropriate response has already been filed by this petitioner
pursuant to the notice issued and reasons for delay has already
explained and as such, appropriate directions may be issued for
passing necessary order with regard to release of the arms in
question.
4. Considering the submission of the counsel for the
petitioner and counsel for the State, this Court finds it
appropriate that since the compliance of deposit of arms has
already been made by this petitioner, and the delay occasioned
in submission has also been explained, and if there is no other
impediment in returning the arms to this petitioner then taking
note of Para 9 of the counter affidavit filed by the Respondent
No. 4 – Superintendent of Police, Rohtas at Sasaram, necessary
orders shall be passed by the District Magistrate, Rohtas, within
Patna High Court CWJC No.8896 of 2025(2) dt.16-03-2026
3/3
a period of four weeks from today with regard to the release of
arms in question.
5. With the above observations, the instant writ
petition stands disposed of.
(Ajit Kumar, J)
abhishekkr/-
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