Diwakar Kumar v. The State Of Bihar Through The Home Secretary,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.276 of 2025 ====================================================== Diwakar Kumar S/o Kameshwar Prasad, Ward No. 05, Miya Toli, Post - Khusrupur, P.S. - Khusrupur, District- Patna, PIN - 803202. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Home Secretary, Govt. of Bihar, Patna. 2.
The District Magistrate, Patna.
3.
The District Arms Magistrate, Patna.
4.
The Superintendent of Police, Patna.
5.
The Officer-in-Charge, Khusrupur, District- Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sameer Kumar, Advocate For the Respondent/s :
Government Pleader (23) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 02-07-2026 Heard learned counsel for the petitioner and learned counsel for the State.
2. The writ application has been filed for the following reliefs:
(i) That this is an application for issuance of an appropriate writ/s in the nature of mandamus or order/s and direction/s to the respondents and especially the Respondent Nos. 2 & 3 to issue arms license to the petitioner without any further delay, preferably within a period of four weeks, as more than eight months have elapsed since submission (on 12/03/2024) of Valid Training Certificate before Respondent No.3 but the Respondent Nos. 2 & 3 have not taken any action and have been sitting idle over the application.
Patna High Court CWJC No.276 of 2025(2) dt.02-07-2026 2/3
3. It is the case of the petitioner that for grant of Arms license, the petitioner has earlier moved before this Court and the direction was issued by Order dated 01.08.2023 in CWJC No. 8677 of 2022 in Diwakar Kumar V/s. The State of Bihar, which is appended with this application as annexure-P/1 whereby Respondent No. 2 was directed to dispose of the Arms License application of the petitioner which was filed in the year 2016. The petitioner, in compliance of the order passed by this Court, had filed a representation due to change in rules and regulations, the petitioner was required to have filed the requisite documents, including training certificate, which according to the petitioner, has already been submitted, and thereafter, the representations were also filed, but for unexplained reasons, the same has not been considered and no final order, with respect to the application filed by the petitioner for grant of Arms license, has been passed.
4. On the other hand, learned counsel for the State submits that since the application has already been made in the prescribed format for which direction may be issued to seek appropriate report from the concerned Superintendent of Police and appropriate decisions be taken on the application filed by the petitioner, in accordance with law.
Patna High Court CWJC No.276 of 2025(2) dt.02-07-2026 3/3
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 Arm's license within a period of eight weeks from today after seeking report from the local Police authorities with regard to threat perception, which the petitioner has alleged. 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 of.
(Ajit Kumar, J) surya/- U