Sanjay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10155 of 2025 ====================================================== Sanjay Kumar Singh Son of Late Kapleshwar Prasad Singh Resident of Mohalla- Shardanagar, Ward no.-27, Police Station- Saharsa, DistrictSaharsa. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary (Home), Govt. of Bihar, Patna.
2.
The Inspector General of Police (Security)-Cum-Chairman, Special Security Committee, Bihar, Patna.
3.
The Deputy Inspector General, Special Security Committee, Bihar. 4.
The District Magistrate, Saharsa.
5.
The Superintendent of Police, Saharsa 6.
The District Arms Magistrate, Saharsa.
7.
The S.H.O., Saharsa ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Samir Kumar, Advocate For the Respondent/s :
Mr. Government Pleader (3) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 08-04-2026 Learned counsel for the respondent Nos. 4 to 6 have filed counter affidavit during the course of the day and is kept on record.
2. The present petition has been preferred for the following relief(s):- (i) For issuance of writ in the nature of mandamus or any other appropriate writ /order/direction for quashing the order dated 02.04.2025 passed by the office of the District Magistrate, Saharsa in which permission for grant of giving the license for keeping the arms has been denied to the petitioner without any sufficient reasons
2/4 (ii) For issuance of writ in the nature of mandamus or any other appropriate writ/order/direction commanding upon the respondent authorities to grant the arms license to the petitioner considering danger to his life and property as mentioned in the threat perception reports and in light of the notification issued by the Ministry of Home Affairs in this regard in accordance with the Arms Act (iii) For issuance of any other appropriate writ/order/direction which your Lordships may deem fit and proper in the facts and circumstances of the case.
3. Learned counsel for the petitioner submits that merely because the petitioners did not have the training certificates at the time when such requirement was placed before these petitioners for obtaining grant of Arms license, the application for grant of Arms License in respect of these petitioners has been rejected vide Memo No. 328 dated 02.04.2025 (Annexure-P/5), on the ground that they do not have a training certificate.
4. Now, since requisite training certificates have been obtained, which are appended with Annexure P/7 of the writ petition, as such, for ends of justice, the order passed by the District Magistrate, Saharsa, vide Memo No. 328 dated 02.04.2025 (Annexure-P/5) rejecting the claim of Arms License, deserves to be interfered with, which admittedly, has been
3/4 passed in absence of such certificate, is therefore, set aside.
5. Accordingly, the District Magistrate, Saharsa, is directed to consider the applications, which would be filed by these petitioners on its own merit, without being influenced by the earlier order, for grant/transfer of license along with the training certificates, which is said to have been obtained by them after the impugned decision is said to have been passed by the licensing authority.
6. The petitioner is, accordingly, directed to file their fresh representations separately/individually before the District Magistrate, Saharsa, for grant of license appending the material documents required for its adjudication withing a period of four weeks from today.
7. On representation being filed by the petitioners individually, along with the material documents like training certificates and a copy of this order, and it is expected that the District Magistrate, Saharsa, shall reconsider the matter afresh within a period of two months from the date of filing of the representation, in accordance with law.
8. If there is no change in the application filed in the said circumstances, the original application shall be proceeded along with the required materials for its adjudication and in the event of
4/4 case of change in format, the petitioner may be subjected to file his fresh application, in the prescribed format. Needless to say that, if required, a police report may also be obtained.
9. The writ petition stands disposed of.
(Ajit Kumar, J) sharun/- U