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Patna High CourtCWJC/18684/2025disposed

Rajnikant Kumar v. The State Of Bihar

2026-06-16Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18684 of 2025 ====================================================== Rajnikant Kumar Son of Sri Devendra Singh, Resident of Village- Sorampur, Police Station- Dulhinbazar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Principal Secretary, Department of Home, Government of Bihar, Patna. 3.

The Under Secretary, Department of Home, Government of Bihar, Patna. 4.

The District Magistrate cum-Collector, Patna. 5.

The Senior Superintendent of Police, Patna.

6.

The District Arms Magistrate, Patna.

7.

The Sub-Divisional Officer, Paliganj, Patna.

8.

The Station House Officer-cum Officer- in-Charge of Dulhinbazar Police Station, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar For the Respondent/s :

Mr. Pankaj Kumar, Standing Counsel 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 16-06-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The writ application has been filed for the following reliefs:- (i) For directing the respondents t issue arms licence in favour of the petitioner, who is elected as Sarpanch of Gram Panchayat Raj Ular Sorampur, Patna, has duly applied for issuance of arms licence in prescribed format annexing all required documents way back on 17.10.2019 before the District Arms Magistrate, Patna under compelling circumstances as earlier twice life

Patna High Court CWJC No.18684 of 2025(2) dt.16-06-2026 2/3 threatening attempts were made upon the petitioner by the miscreants and for which FIR was also lodged vide Dulhinbazar P.S.

Case No.205 of 2018 dated 31.07.2018, registered u/s 307/34 of the Indian Penal Code and Section 27 of Arms Act and further Dulhinbazar P.S. Case No.295 of 2018 dated 09.12.2018 registered under Section 353, 307, 414, 34/120B of the Indian Penal Code and Section 25(1-b)a, 26/27/35 of Arms Act.

(ii) For holding that the act of the respondents in delaying of issuance of Arms Licence to the petitioner is completely illegal, arbitrary particularly becomes more serious and grave in view of the fact that the life of petitioner is in constant threat as has already sustained two life threatening attempts.

(iii) For any other relief which the Court may deem fit and proper in the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that an application in the prescribed format has already been filed before the District Magistrate, Patna, which is appended to the writ application. 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 17.10.2019, no decision has yet been taken.

Patna High Court CWJC No.18684 of 2025(2) dt.16-06-2026 3/3

4. 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.

5. In view of the submissions made on behalf of the parties, the District Magistrate, Patna, 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 forthwith.

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

(Ajit Kumar, J) shikha/- U