Patna High Court

Ankit KumarversusThe State of Bihar

Decided: 15 April 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The District Magistrate, Gaya, must decide the petitioner’s arms license application within eight weeks and communicate the order.

Summary

The petitioner, Ankit Kumar, filed a writ petition seeking a direction to the State authorities to grant him a license for a non‑prohibited bore rifle and pistol under the Arms Act, alleging that his application dated 10‑Oct‑2025 before the District Magistrate, Gaya, remained pending without any decision. The petitioner argued that the Arms Act mandates the competent authority to adjudicate such applications to ensure safety of life and property. The State contended that the application was in the prescribed format and the authority is bound to pass an order in accordance with law. The Court held that the District Magistrate must render a final decision on the license application within eight weeks and communicate the order to the petitioner. Accordingly, the writ application was disposed with the said direction.

Issues considered

Whether the District Magistrate is obligated to decide a pending arms license application within a reasonable time under the Arms Act.
Whether the petitioner is entitled to a license for a non‑prohibited bore rifle and pistol under the provisions of the Arms Act.

Legislation cited

Arms Act

Subjects

Arms License
Writ Jurisdiction
Administrative Delay
Arms Act
District Magistrate

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.96 of 2026
                 ======================================================
                 Ankit Kumar S/o Ranjeet Kumar Kaushal, Resident of Mohalla- Kumar
                 Colony, P.O.- Railway Station Gaya, P.S.- Kotwali, District- Gayaji.
                                                                              ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar through the Director General of Police, Home
                  Department, Government of Bihar, Patna.
           2.    The District Magistrate-cum-District Arms Magistrate, Gaya.
           3.    The Superintendent of Police, Gaya.
           4.    The Sub Divisional Superintendent of Police, Gaya.
           5.    The Sub Divisional Officer, Gaya.
           6.    The Officer-in-charge, Kotwali, Gaya.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Sheo Kumar Prasad, Adv.
                 For the Respondent/s   :       Additional Advocate General (13)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   15-04-2026                    Heard learned counsel for the petitioner and learned

                   AC to AAG-13.

                               2. The writ application has been filed seeking a

                   direction to the respondents to grant license for a NP Bore Rifle

                   and NP Bore Pistol to the petitioner in terms of provisions of

                   Arms Act and to dispose of the application filed by the

                   petitioner regarding the issuance of Arms License dated

                   10.10.2025 which is said to be pending before the Respondent

                   No.2/The District Magistrate-cum-District Arms Magistrate,

                   Gaya.

                               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-P/1. However, till date, no action
         Patna High Court CWJC No.96 of 2026(2) dt.15-04-2026
                                                     2/2




                   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 10.10.2025, 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. 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)
    perwez

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