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Patna High Court

Satyendra PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The appellate orders rejecting the petitioner’s arms licence were set aside and the District Magistrate was directed to adjudicate the licence application, taking into account the threat to life and property.

Summary

Petitioner Satyendra Prasad applied for an arms licence on 23 June 2022, claiming threats to his life and property. The District Magistrate, Patna, rejected the application via Memo No. 3598 dated 17 October 2023 without recording any reasons or considering the alleged threat, and the Commissioner, Patna, affirmed this rejection on 19 November 2024. The petitioner filed a writ petition seeking quash of both orders and issuance of the licence, relying on the principle that a perceived threat, even without overt act, suffices for licence grant as held in Deepak Kumar v. State of Bihar. The State argued that licensing decisions rest on the authority’s subjective satisfaction but admitted the orders lacked any stated reasons. The High Court held that the appellate authorities failed to consider the threat perception and therefore set aside both the district magistrate’s and the commissioner’s orders, directing the District Magistrate to adjudicate the licence application within six weeks, after complying with any new procedural requirements.

Issues considered

  • Whether the District Magistrate and the Commissioner erred in rejecting the arms licence application without considering the petitioner’s claim of threat to life and property.
  • Whether a perceived threat, without an overt act, is sufficient ground for granting a firearm licence under the Arms Act.
  • Whether the licensing authority is required to record its subjective satisfaction and reasons in the order of rejection.

Legislation cited

Subjects

  • arms licence
  • threat perception
  • subjective satisfaction
  • Arms Act
  • writ petition
  • quashing order
  • public safety

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.905 of 2025
                 ======================================================
                 Satyendra Prasad Son of Krishna Prasad, Resident of Village- Pakartar,
                 Niwasi Chak, P.S.- Dhanarua, District- Patna.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    Directed General of Police, Police Department, Govt. of Bihar, Patna.
           3.    The Divisional Commissioner, Patna.
           4.    District Magistrate, Patna.
           5.    District Arms Magistrate, Patna.
           6.    Sr. Supretendent of Police, Govt. of Bihar, Patna.
           7.    Office Incharge, Dhanarua Police Station.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Deepak Kumar Sinha, Adv.
                 For the Respondent/s   :       Mr.Standing Counsel (01)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

6   05-05-2026                 Heard learned counsel for the petitioner and learned

                   Standing Counsel-01 for the State.

                               2. The instant writ petition has been filed for the

                   following relief(s):-

                                        “1. For quashing          the    order     dated

                           19.11.2024 passed by the learned court of

                           commissioner, Patna Parmandal, Patna vide Arms

                           Appeal case No. 247-2024 by which learned court of

                           commissioner has rejected the Arms Appeal Of

                           petitioner arises out of order dated 17.10.2023 Vide

                           Memo no.- 3598 issued by the District Arms
Patna High Court CWJC No.905 of 2025(6) dt.05-05-2026
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                  Magistrate/District Magistrate Patna by which

                  application of petitioner with regard to issuing the

                  arms license was rejected without any proper

                  rhymes and reason knowingly and deliberately

                  aware with the fact that life and property of

                  petitioner is in under threat.

                               II. After quashing the aforesaid rejection

                  order issue an arms License in favor of petitioner

                  for which he has already submitted application in

                  the prescribed form with all required documents

                  before the authorities of Bihar on 23.06.2022

                  immediately for the purpose to save his life and

                  property.

                               III. To further command and direct the

                  respondent to enquire over the matter and guilty

                  respondents may punish accordance with law.”

                      3. Learned counsel for the petitioner submits that due

          to business rival and social work, the petitioner is under threat

          and for saving his life and property, he requires arms license

          from the authority concerned. Counsel for the petitioner submits

          that the petitioner applied for an arm-license before the District

          Magistrate, Patna whereafter the District Magistrate issued two
Patna High Court CWJC No.905 of 2025(6) dt.05-05-2026
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          letters to the Senior Superintendent of Police Patna and Office

          In-charge, Dhanarua police station but, when nothing was done,

          the petitioner filed CWJC No. 3650 of 2023 for redressal of his

          grievance which was disposed of with a direction to the District

          Magistrate/District Arms Magistrate, Patna to dispose off the

          application filed by the petitioner, for grant of arms license but,

          the District Magistrate, without considering the threat of life and

          property and as also there being no recommendation of police,

          rejected the application of the petitioner. It is next submitted that

          pursuant to the order dated 19.09.2023 passed by this Court in

          CWJC No. 3650 of 2023, the District Magistrate, Patna rejected

          the application of the petitioner for grant of arms license vide

          Memo No. 3598 dated 17.10.2023. It is further submitted that in

          compliance to the order dated 20.06.2024 passed by this Court

          in CWJC No. 5259 of 2024, the petitioner filed an Arms Appeal

          before the learned court of Commissioner, Patna Division, Patna

          in Arms Appeal No. 247 of 2024 which was rejected without

          considering the grounds of threat by passing the impugned order

          dated 19.11.2024. Counsel for the petitioner, by referring to the

          order of this Court dated 01.02.2016 passed by the Co-ordinate

          Bench in CWJC No. 13391 of 2014 (Deepak Kumar v. The

          State of Bihar & Ors), submits that the lack of specific evidence
Patna High Court CWJC No.905 of 2025(6) dt.05-05-2026
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          regarding threat perception does not form the ground of

          rejection of grant of license and the threat perception does not

          mean that a person has to suffer any overt-act for entitlement of

          grant of fire-arm license.

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

          the decision taken by the Divisional Commissioner, Patna by

          submitting that it is the subjective satisfaction of the licensing

          authorities in granting license or in refusing the same on

          his/her/their personal satisfaction, where the security of public

          peace and for public safety, such decisions are required to be

          taken by them. But insofar as the subjective satisfaction is

          concerned, which is required to have been mentioned/indicated

          in the order impugned and as also in the appellate order, which

          is apparently missing, for which, learned State counsel in view

          of the factual position fairly submits that such consideration is

          indeed missing from the orders impugned.

                      5.    Considering the submission of the parties, this

          Court finds from the appellate order, it does not appear that the

          appellate authorities have considered such issues with regard to

          the petitioner’s entitlement for grant of license which, in express

          terms, and the Co-ordinate Bench having held that with regard

          to threat perceptions, it is not required that a person has to suffer
          Patna High Court CWJC No.905 of 2025(6) dt.05-05-2026
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                    with any overt-act for such grant of license, in view of the

                    factual background, which is evident from record, this Court

                    sets aside the Memo No. 3598 dated 17.10.2023 passed by the

                    District Magistrate, Patna and the order dated 19.11.2024 passed

                    by the learned court of commissioner, Patna Parmandal, Patna

                    vide Arms Appeal case No. 247-2024.

                                6.    Consequently, the District Magistrate, Patna is

                    directed to adjudicate the claim of the petitioner for grant of

                    license on the basis of earlier application filed by this petitioner

                    on 23.06.2022 and in case, any new format of application has

                    been introduced for seeking request for grant of license by the

                    applicant, in such event, the petitioner would be appropriately

                    communicated to carry out the formalities for filling up such

                    application and, in case, there is no such change, in such event,

                    the petitioner’s application for grant of license shall be

                    adjudicated within a period of six weeks from filing of a

                    representation by the petitioner before the authorities concerned.

                                7. Accordingly, the writ petition stands disposed of.



                                                                      (Ajit Kumar, J)
rishi/-

U


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