Santosh Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2851 of 2026 ====================================================== Santosh Kumar Jha Son of Chandeshwar Jha, R/o Village Aahpur, Post Damodarpur, Police Station Benipatti, District Madhubani, Bihar- 847223. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home Affairs, Government of Bihar, Old Secretariat, Patna- 800001. 2.

The District Magistrate, Madhubani, District Madhubani, Bihar. 3.

The Senior Superintendent of Police/Superintendent of Police, Madhubani, Bihar.

4.

The Director General of Police, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate Mr. Rajnish Kumar, Advocate Mr. Shashi Kumar, Advocate For the Respondent/s :

Mr. Standing Counsel (13) ====================================================== 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 writ application has been filed for the following reliefs :- a) For issuance of an appropriate writ, order, or direction directing the Respondents to ensure a fair and expeditious procedure for the grant of an arms license to the Petitioner in accordance with law and the relevant notification(s) issued by the Chief Minister's Office;

b) To direct the Respondents to decide the Petitioner's application for an arms license by a reasoned and speaking order within a timebound period, if not already decided;

Patna High Court CWJC No.2851 of 2026(2) dt.16-07-2026 2/3 c) For a direction to the Respondents to take immediate and appropriate action to ensure the security of the life and property of the Petitioner;

d) To pass such other order(s) or direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.

3. Learned counsel for the petitioner submits that an application in the prescribed format has already been filed before the District Magistrate, Madhubani, which is appended to the writ application as Annexure-P/3. However, till date, no action 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 10.03.2025, no decision has yet been taken.

4. It has further been submitted that on the basis of the enhanced threat perception faced by elected representatives of Panchayati Raj Institutions, the Government of Bihar, through the Home Department, has issued a specific directive vide Letter No. 7/वव02-20-04/2022 गृ०आ०, read with Panchayati Raj Department Letter No. 7691 dated 18.06.2025, to accord priority and expedite the process for granting arms licenses to

Patna High Court CWJC No.2851 of 2026(2) dt.16-07-2026 3/3 such individuals to ensure their safety and security.

5. 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.

6. In view of the submissions made on behalf of the parties the District Magistrate, Madhubani, 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.

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

(Ajit Kumar, J) sharun/- U