Dr. Kaushlendra Narayan Alias Koushlendra Narayan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3246 of 2024 ====================================================== Dr. Kaushlendra Narayan Alias Koushlendra Narayan Son of Shri Surith Sharma, Resident of Village and P.O. Badheta, Police Station - Parasbigha, District- Jehanabad (Bihar) at present residing at Bhartiya Prakashan Building, Kajipur, Naya Tola, P.S. Kadamkuan, Town and District - Patna (Bihar).
... ... Petitioner/s
Versus
1.
The State of Bihar Through the Home Secretary, Govt. of Bihar, Patna. 2.
The Home Secretary, Home Department, Govt. of Bihar, Patna 3.
The Director General of Police, Bihar, Patna. 4.
The District Magistrate, Patna.
5.
The Senior Superintendent of Police, Patna.
6.
The Arms Magistrate, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sushil Kumar Singh For the Respondent/s :
Mr. Raghvendra Kumar, SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-08-2025
1. Heard learned counsel for the petitioner and learned SC-22 for the State, Mr. Raghvendra Kumar.
2. The learned counsel appearing on behalf of the petitioner submits that the instant writ application has been filed seeking a direction upon the concerned respondent to issue arm license in favour of the petitioner as he has been facing life threats given by anti-social elements having criminal background as well as from Naxalites from time to time, further to hold that keeping application of the petitioner seeking arm license pending for long without any cogent reason is illegal,
2/4 invalid, unreasonable and unconstitutional.
3. The learned counsel appearing on behalf of the petitioner next submits that petitioner applied for arm license for rifle and pistol/revolver before the District Magistrate, Patna on 08.05.2018 (Annexure- P/1) in view of the threat to his life. It is also submitted that petitioner had represented before the SSP, Patna on 27.01.2020 (Annexure- P/2) alleging that he had received several life threats from anti-social elements through different Facebook ID and social media platform and thus had sought protection, further the petitioner again submitted a representation before the Inspector General of Police (Security), Bihar vide his representation dated 13.08.2021 and 12.02.2022 (Annexure- P/3), seeking protection, but then no action was taken. It is further submitted that petitioner is a lawyer and in the Bar Council campus he again received life threats from some politician vide Whatsapp call hence the petitioner had no option, but to give a complaint in writing to Kotwali P.S. on 14.01.2023 (Annexure- P/6).
4. The learned counsel appearing on behalf of the petitioner, thus, submits that in sum and substance, the writ application has been filed for a direction upon the Collector, Patna to consider and dispose of the application submitted by
3/4 the petitioner seeking arm license for rifle and pistol/revolver within a time frame.
5. The learned counsel appearing on behalf of the State submits that from perusal of the pleadings made in the writ application, it would manifest that the writ application was filed in the year 2024 and petitioner is claiming that his life is under threat since 2018, but then in between 2018 till date no occurrence of the nature as alleged in the writ application has taken place which could justify that petitioner is in need of arms for protecting his life, on which the learned counsel appearing on behalf of the petitioner submits that a second supplementary affidavit has been filed on 09.06.2025 wherein at Para-5 it has been pleaded that the petitioner on 22.04.2025 received a call from Mobile No.
7260016202 from an unknown caller who began to abuse and started threatening of dire consequences if the petitioner does not restrain himself from filing PIL and also threatened to maintain distance from pursuing Stalin case, for which the petitioner instituted Kotwali P.S. Case No. 248 of 2025 dated 22.04.2025 under Sections 352, 351(2) and 351 (3) of the BNS against unknown caller. It is submitted that even police is not investigating the case properly.
6. Be that as it may, after hearing the learned counsel
4/4 for the parties, the writ application is disposed of with a direction to the District Magistrate, Patna to consider and dispose of the application of the petitioner filed on 08.05.2018 seeking arm license for rifle and pistol/ revolver within a period of three months from the date of receipt/production of a copy of this order, in accordance with law.
7. The pending application/s, if any, shall also stand disposed of.
(Satyavrat Verma, J) Rishabh/- U