Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7189 of 2026 ====================================================== Abhishek Kumar Son of Late Ramakant Yadav, Resident of Village- Ghana, Post- Rani Talab P.S.- Rani Talab, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Home Secretary, Bihar. 2.
The District Magistrate, Patna.
3.
The District Magistrate, Arwal.
4.
The Superintendent of Police, Patna.
5.
The S.H.O., Rani Talab Police Station, District Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manisha Pandey For the Respondent/s :
Mr.Standing Counsel (07) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 11-05-2026 Heard the parties.
2. The writ petition has been filed for grant of following relief :- "I. For directing the respondents to release the legally licensed N.P. Bore Rifle along with cartridges of the petitioner, illegally and arbitrarily seized in the absence of the petitioner, despite showing the valid Arms licence by the family members of the petitioner and absence of any criminal case with regard to misuse of licensed rifle.
II. Any other relief or reliefs for which the petitioner is entitled under law as well as on facts."
3. Learned counsel for the petitioner submits that the Assistant Sub Inspector of Police, Rani Talab Police Station,
Patna High Court CWJC No.7189 of 2026(2) dt.11-05-2026 2/3 Patna during a raid conducted at the house of the petitioner in his absence, has taken away the rifle and 211 cartridges without any warrant from the competent authority or Court of law despite the petitioner's family having produced the valid licence at the time of raid.
4. It is the case of the petitioner that for ensuring the return of the licence, the petitioner has been running from piller to post as and when directed by the local police officials but no action has been taken and ultimately a representation which was placed for consideration for making verification at the earliest before local police officials, were not entertained and consequently, the petitioner had to make a representation before the District Magistrate, Patna and as also the Superintendent of Police, Patna which is appended as Annxure-P/3 series.
5. On the other hand, learned counsel for the State submits that since representation has already been made before the SSP and District Magistrate Patna, in such event, the authorities may be directed to verify the allegations and upon verification under appropriate directions the arms licence issued in favour of petitioner, may also be directed to verification and upon finding nothing against the petitioner, which being prejudicial to the interest of the general public and public safety
Patna High Court CWJC No.7189 of 2026(2) dt.11-05-2026 3/3 through necessary orders, the same may be directed to be returned to petitioner with the original licence within a period of six weeks from the date of representation, which shall be filed by the petitioner in continuation of earlier representation with all supportive materials along with copy of the order of this court within a period of two weeks from today.
6. With the aforesaid direction, this writ petition is disposed of.
(Ajit Kumar, J) sanjeev/- U