Bhavesh Kumar Bhaskar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11 of 2026 ====================================================== Bhavesh Kumar Bhaskar Son of Late Brijbhan Prasad, R/o Village and P.S. Naubatpur District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary Home (Police Department) Govt. of Bihar, Patna.

2.

The Director General of Police, Govt. of Bihar, Patna. 3.

The District Magistrate, Patna.

4.

The Senior Superintendent of Police, Patna.

5.

The District Arms Magistrate, Patna.

6.

The SHO, Naubatpur Police Station, District Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nawnit Kumar Tiwary For the Respondent/s :

Mr.Government Pleader (3) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-07-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The writ application has been filed for the following relief(s):- (i) For issuance of a writ in the nature of a writ of mandamus commanding the respondent authorities especially the respondent Nos. 3 and 5 to act upon representation filed in the year 2017 contained in Sangrah Sankhya 09 and file No. 108 for grant of Arms license to the petitioner as the petitioner's father Brijbhan Prasad shot dead by miscreants in the year 2024 and now

2/4 the petitioner being eye witness threatened by the accused persons to turn hostile in Naubatpur PS Case No.

102/2024 as well as order dated 07.07.2025 and 22.07.2025 in CrWJC No. 1413/2025 not being complied by the respondent authorities because of which the petitioner may be killed anytime by the henchmen of accused persons.

(ii) For holding that the respondent No. 3 and 5 working in wrongful manner sitting tight over representation given in the year 2017 to the respondent No. 3 contained in file No. 108 as the file rotting in concerned Arms license cell whereas the petitioner's life in complete danger.

(iii) For holding that the petitioner being a citizen and fulfilling all criteria for grant of license and under the circumstances the gravity of threat perception found correct by the concerned PS Naubatpur and by the SSP office then there can be no reason for the respondent authorities to deprive the petitioner from his protection by not granting arms license to the petitioner.

(iv) For holding that a citizen in such a circumstance cannot be left helpless by the administration particularly when most unwanted incident has taken place as father of petitioner already lost life and now it is the turn of petitioner who is on the verge of losing his life as being constantly threatened by the accused

3/4 persons in respect of which the petitioner has already lodged Naubatpur PS Case No. 367/2025 but even then respondent Nos. 3 and 5 not considering for grant of Arms license to the petitioner.

(v) For any other relief/(s) applicable in the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that an application has already been filed before the District Magistrate, Patna, which is appended to the writ application as Annexure-9. 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 29.08.2025, no decision has yet been taken.

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

4/4 license within a period of eight weeks from the date of representation along with the copy of the order passed in this Court. The order so passed shall also be communicated to the petitioner within the said period.

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

(Ajit Kumar, J) rajan/- U