Yashwant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2418 of 2025 ====================================================== Yashwant Kumar Son of Late Ajit Kumar Sinha @ Ajit Kumar, Resident of - Tekari Road, Mishri Tola, P.S.- Sultanganj, District- Patna-800006. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Government of Bihar. 2.

Divisional Commissioner, Patna Division, Patna. 3.

District Magistrate, Patna.

4.

Senior Superintendent of Police, Patna.

5.

Additional District Magistrate, (Arms), Patna. 6.

District Arms Magistrate, Patna.

7.

Sub-Divisional Officer, Patna City.

8.

S.H.O. Sultanganj, Police Station, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Manisha Pandey For the Respondent/s :

Mr.Government Pleader (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 16-07-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The instant writ application has been filed for the following reliefs:- (i) For directing the respondents to take decision writ regard to issuance of DBBL Gun licence under the provision of rule 25(1) a of the Arms Rule 2016 and the Arms Act 1959.

(ii) For directing the respondents to take a final decision on the arms application filed by the petitioner for grant of a DBBL gun licence under family heirloom policy, to direct the Distrcit Magistrate/ respondent No.3 to grant an arms licence and other reliefs to which the petitioner is

Patna High Court CWJC No.2418 of 2025(2) dt.16-07-2026 2/3 found entitled during the course of hearing.

(iii) For directing the respondents to act upon the representation dated 06.11.2020 filed by the petitioner before the District Magistrate-cumlicensing authority, Patna i.e. the respondent no.3.

3. Learned counsel for the petitioner submits that the petitioner's father was the holder of a valid DBBL Gun Licence. After his demise, the firearm was deposited with M/s City Fire Arms, Arms and Ammunition Dealer, Mouar Lane, Sultanganj, Patna, vide Receipt No. DR/01/2020. It is submitted that the petitioner submitted an application in the prescribed format on 06.11.2020 before the District Magistrate, Patna, seeking transfer of the licence in his favour under the provisions of Rule 25(1)(a) of the Arms Rules, 2016 under the Family Heirloom Policy. However, despite the lapse of considerable time, no decision has been taken on the said application. It is further submitted that a Division Bench of this Court in Rajiv Raj vs. State of Bihar & Ors., reported in 2019 (4) PLJR 273, has laid down the principles governing grant of arms licences under the Family Heirloom Policy, which are binding upon the licensing authorities in the State of Bihar.

4. At this stage, learned counsel for the State submits that appropriate directions may be issued to the competent authority to consider the claim of the petitioner in reference to

Patna High Court CWJC No.2418 of 2025(2) dt.16-07-2026 3/3 the judgment indicated aforesaid.

5. Having considered the submissions advanced on behalf of the parties, this Court deems it appropriate to direct the petitioner to file a fresh representation, in continuation of his earlier representation, before the District Magistrate-cumLicensing Authority, Patna, within four weeks, enclosing all relevant documents, including a copy of the judgment upon which reliance is placed. Upon receipt of such representation, the District Magistrate-cum-Licensing Authority, Patna, shall consider and dispose of the same by passing a reasoned and speaking order, strictly in accordance with law, within a period of eight weeks thereafter. The order so passed shall be communicated to the petitioner forthwith.

6. With the aforesaid observations and directions, the instant writ application stands disposed.

(Ajit Kumar, J) shikha/- U