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Patna High Court

Ashok KumarversusThe State of Bihar through Shri Sanjay Prasad

Decided
Disposal
DISPOSED

Holding

The High Court granted the petitioner liberty to approach other legal remedies and disposed of the petition.

Summary

Ashok Kumar filed a writ petition seeking a licence to possess arms, which was rejected by the District Magistrate, Patna on 5 February 2026. The petitioner approached the Patna High Court requesting liberty to challenge the magistrate's order through other legal remedies. The learned counsel for the opposite parties produced the magistrate's reasoned order, confirming its receipt by the court. The High Court, after considering the request, granted the petitioner liberty to pursue any appropriate remedies under law. Consequently, the court disposed of the petition without further orders.

Issues considered

  • Whether the petitioner is entitled to liberty from the High Court to assail the District Magistrate's order rejecting the arms licence application.

Subjects

  • arms licence
  • liberty to appeal
  • district magistrate order
  • writ petition
  • high court procedural order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.1736 of 2023
                                                      In
                              Civil Writ Jurisdiction Case No.10316 of 2022
                 ======================================================
                 Ashok Kumar, (M), Son of Late Nil Ratan Lal, resident of Bijay Bhawan,
                 Choti Badalpura, P.O. and P.S.- Khagaul, Patna.

                                                                              ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through Shri Sanjay Prasad Principal Secretary, Home,
                 Government of Bihar, Patna.
           2.    Shri Kumar Ravi, Divisional Commissioner, Patna Division, Patna.
           3.    Dr. Chandra Shekhar Singh, District Magistrate, Patna.
           4.    Sri Rajeev Mishra, Senior Superintendent of Police, Patna.
           5.    Sri Rajeev Kumar, Sub- Divisional Officer, Danapur, District- Patna.
           6.    Sri Sanjan Kumar, Sub- Divisional Police Officer, Danapur, District- Patna.
           7.    Sri Pradeep Kumar, Inspector of Police, Danapur, District- Patna.
           8.    Ashok Singh, The Officer-In- Charge, Khagaul, Danapur, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Jitendra Kumar Rai, Advocate
                 For the Opposite Party/s :    Mr. Manish Kumar, GP 4
                 ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

7   06-02-2026                  The learned counsel for the opposite parties has

                   submitted that in compliance of the order of this Court dated

                   28.04.2023 passed in CWJC No. 10316 of 2022, the District

                   Magistrate, Patna has passed a reasoned order dated 05.02.2026

                   rejecting the application of the petitioner for grant of arms

                   licence and a copy of the said order dated 05.02.2026 has not

                   only been handed over to this Court but also to the learned

                   counsel for the petitioner.
          Patna High Court MJC No.1736 of 2023(7) dt.06-02-2026
                                                      2/2




                                 2. In view of the aforesaid, the learned counsel for the

                    petitioner seeks liberty on behalf of the petitioner to avail such

                    remedies as are otherwise available under the law for assailing

                    the aforesaid order dated 05.02.2026 passed by the District

                    Magistrate, Patna. Liberty, so sought, is granted.

                                 3. Accordingly, the present petition stands disposed

                    of.



                                            (Mohit Kumar Shah, J)
GAURAV S./-
U


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