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Patna High CourtCWJC/7049/2026disposed

Satish Kumar v. The State Of Bihar

2026-06-16Mr. Justice Ajit Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7049 of 2026 ====================================================== Satish Kumar Son of Ram Yatan Prasad, Resident of Village Ward No. 24. Kajichak, P.S.- Barh, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Through Home Secretary, Home Department, Government of Bihar, Patna.

2.

The Divisional Commissioner, Patna.

3.

The District Magistrate-cum-Collector, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pritish Kumar Lal, Adv.

For the Respondent/s :

Mr.Standing Counsel (22) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 16-06-2026 Heard learned counsel for the parties.

2. The instant writ application has been filed seeking a direction upon the District Magistrate-cum-Licensing Authority, Patna for disposing of the application no. 19398 filed in relation to grant of license for N.P. Bore Rifle to the petitioner forthwith.

3. Learned counsel for the petitioner submits that the father of the petitioner is a rich farmer of the locality and was attacked twice by the anti-social persons and, for the safety and security of the property and the family members, the petitioner applied for license of N.P. Bore Rifle on 29.04.2015 in the prescribed format under application no. 19398. It is next submitted that when no order was passed by the Licensing Authority on the application filed by the petitioner, the

2/4 petitioner moved before this Court in CWJC No. 13706 of 2018 and this Court vide order dated 24.07.2018, directed the Licensing Authority to pass an appropriate order on the application of the petitioner for grant of license for N.P. Bore Rifle. It is next submitted that pursuant to the order passed by this Court dated 24.07.2018, the Licensing Authority, Patna, without considering the report of the Senior Superintendent of Police, Patna and the Additional Superintendent of Police, Barh refused the prayer of the petitioner for grant of license to him. Thereafter, being aggrieved with the order passed by the Licensing Authority, the petitioner filed an appeal before the Divisional Commissioner, Patna vide Arms Appeal No. 75 of 2019 which was also dismissed in a most casual manner.

It is next submitted that thereafter the petitioner again moved before this Court in CWJC No. 1692 of 2023 and this Court, vide order dated 22.10.2024, quashed the order dated 07.07.2022 passed by the Divisional Commissioner, Patna in Arms Appeal No. 75 of 2019 and remanded the case directing the Divisional Commissioner, Patna for passing a reasoned and speaking order afresh. On remand of Arms Appeal No. 75 of 2019, the Divisional Commissioner, Patna vide order dated 05.06.2025, pleased to set aside the order contained in Memo No.

3/4 relating to Arms Case No. 09-479/2015 and remanded the case to the Licensing Authority to pass an order in accordance with the provisions of the Arms Act and Rules by assessing the threat perception. It has next been submitted that the petitioner thereafter filed a petition on 17.07.2025 before the Licensing Authority but, till date, no order has been passed by the Licensing Authority on the prayer of the petitioner for grant of license for N.P. Bore Rifle to the petitioner. Lastly, it is submitted that the Licensing Authority is sitting tight over the petition filed by the petitioner before him for grant of N.P. Bore Rifle.

4. On the other hand, learned counsel for the State submits that a report has already been placed for consideration before the Senior Superintendent of Police, Patna. The said report indicates that the petitioner has a threat perception and, therefore, District Magistrate, Patna, may be directed to adjudicate the issues of grant of license in accordance with law by looking to the report of Senior Superintendent of Police, Patna.

5. Considering the submissions of the parties and the materials available on record, this Court finds it appropriate to direct the District Magistrate-cum-Collector, Patna to decide the

4/4 claim of the petitioner for grant of license for N.P. Bore Rifle within a period of eight weeks from today.

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

(Ajit Kumar, J) rishi/- U