Patna High Court – Orders
Ranveer Kumar vs The State Of Bihar on 31 July, 2026
Author: Ajit Kumar
Bench: Ajit Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2714 of 2025
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Ranveer Kumar S/o Ranvijay Singh R/o-Vil and Post-Nuruddinpur (803202),
P.S.-Khushrupur Dist.- Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna-
800001.
2. The District Magistrate, Patna, PIn-800001, Bihar.
3. The Senior Superintendent of Police, Patna, Pin-800001, Bihar.
4. The Sub Divisional Police Officer, Fatuha, Patna-803201, Bihar.
5. The Sub Divisional Officer, Patna City, Patna-800001, Bihar.
6. The Station House Officer, Khushrupur, Patna- 803202, Bihar.
7. The Circle Officer, Khushrupur, Patna-803202, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhinav Kumar Singh, Advocate
For the Respondent/s : Mrs. Binita Singh, SC (28)
Mr. Abhinav Kumar Singh, Advocate
Mr. Ankur Apurv Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 31-07-2026
Heard learned counsel for the petitioner and learned
Standing Counsel-28 for the State.
2. The instant writ petition has been filed for the
following relief(s):-
(i) For issuance of writ in the
nature of Mandamus for commanding and
directing the concerned respondent i.e.
responded number 02 and 03 to act in
accordance with Section 13 and 14 of the
Arms Act, 1959 andRule 13 and 14 of Arms
Rule, 2016.
(ii) For issuance of Writ in the
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Respondent No. – 02 to reconsider and Arms
Case No.- IX-165 of 2021 which was
arbitrarily discharged in haste and
vengeance.
(iii) For issuance of Writ in the
nature of Certiorari for quashing and setting
aside the effect of order dt.- 08/08/2023
passed in Arms Case No.- IX-165 of 2021 by
Respondent No.- 02 and directing him to
grant the same.
(iv) Issuance of Writ in the nature
of Certiorari for quashing and setting aside
the effect of order dt.- 22/10/2024 passed in
Arms Appeal No.- 204 of 2024 and direct
Respondent No. – 02 to grant the same.
(v) For issuance of Writ in the
nature of Mandamus to direct the
Respondent No. 2 to grant the Arms License
to the petitioner for the safety of the life and
property.
(vi) For issuance of the Writ in the
nature of Mandamus for imposing coast over
the respondent no.- 02 for allegedly
violating and misusing the powers conferred
under Section 13 and 14 of the Arms Act,
1959 and Rule 13 and 14 of Arms Rule, 2016
and directions issued under Sub-Clause (C)
of Clause (ii) of Circular Number V-
11016/16/2009-Arms, Ministry of Home
Affairs (IS-II Division/Arms Section) AND
Clause (V) of Circular Number –
11026/16/2009-Arms, Government of
India,Ministry of Home Affairs (IS-II
Division/Arms Section), which leads to the
wastage of petitioner’s precious time and
also cause mental and physical agony.
(vii) For issuance of Writ in the
nature of Mandamus directing the
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respondents and the State of Bihar to
properly follow and comply with the
directions laid down under Section 13 and
14 of the Arms Act, 1959 and Rule 13 and 14
of Arms Rule, 2016 and directions issued
under Sub-Clause (C) of Clause (ii) of
Circular Number V-11016/16/2009-Arms,
Ministry of Home Affairs IS-ll Division/Arms
Section) AND Clause (V) of Circular
Number – 11026/16/2009-Arms, Government
of India, Ministry of Home Affairs (IS-II
Division/Arms Section).
(viii) For any other relief /reliefs
for which petitioner is entitled for.
3. Learned counsel for the petitioner submits that the
reasons for rejection which has been incorporated in the order
impugned dated 08.08.2023 in Misc. Arms Case No.
IX165/2021 passed by District Magistrate, Patna, goes to show
that the District Magistrate, Patna, while referring to the
provisions under Arms Act, 1959, Section 13(3) (b) and Section
14(1) (b) (ii), under which the Licensing Authorities have been
empowered to refuse to grant a license on satisfaction, where it
transpires to the authorities that for security of the public peace
or for public safety, the same can be refused. It has next been
submitted that the petitioner’s application for obtaining license
has been rejected by the authorities by referring the Khushrupur
P.S. Case No. 213 of 2019, which do not show any active
participation, prudent materials indicating any definite proof of
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showing threat to the Pubic peace and safety in refusing to grant
license. Upon being aggrieved by the order of rejection, for
grant of Arms, the petitioner preferred writ petition before this
Hon’ble Court vide CWJC No. 17939 of 2023, wherein this
Hon’ble Court, vide order dated 17.05.2024, directed the
petitioner to file an appeal/ appropriate application before the
Commissioner, Patna Division. Consequently, on 29.07.2024,
the petitioner filed Arms Appeal No. 204 of 2024, before the
Commissioner, Patna Division. However, the learned authority,
vide impugned order dated 22.10.2024, straight away dismissed
the appeal ignoring the grounds contemplated under Section 13
of the Arms Act, and rejected the same merely on two grounds,
namely: (i) that the petitioner has no security threat, and (ii) that
the Superintendent of Police had only forwarded the report. It is
pertinent to mention that this Hon’ble Court, in CWJC No. 4117
of 2020, vide judgment / order dated 27.11.2024, has
categorically held that “Arms Licence cannot be denied solely
on the ground that the applicant does not have any specific
security threat or imminent danger.”
4. Learned counsel for the petitioner, by referring to
the provisions of Section 13(3) (b) of the Arms Act, 1959
submits that the Licensing authority is provided with statutory
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duty to grant license under Section 3 in any other case or a
license under Section 4, Section 5, Section 6, Section 10 or
Section 12, if the licensing authority is satisfied that the person
by whom the license is required has a good reason for obtaining
the same. Though, the provisions of Section13(3) (b) which
enables the licensing authority to consider the case of the
applicant for grant of license in the contingencies indicated
under the said provision, still, for no prudent reason, has refused
to exercise the powers to grant license ignoring the materials
available on record that the petitioner is possessing a huge
chunk of land located in marketed area and on highway and
people with criminal background frequently try to encroach the
same and this fact has not been controverted by the local police
and, as also, character of the petitioner having been examined
by the local police, and same having not been found to be
negative and there being nothing contrary in the police record,
the local police having recommended for such grant of license
not been appreciated by the licensing authority, deserves to be
interfered with in order to enable the petitioner, who seeks such
license for his personal safety. The issues of grant of Arms
License to the applicant after examining the occupation and the
nature of threat of the persons has been approved by the Hon’ble
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Division Bench in Letters Patent Appeal No. 758 of 2018
wherein the following proposition has been carved out:-
“The order of the District
Magistrate, as communicated, does not
indicate the existence of any valid reason,
but, at the same time, the order in appeal
passed by the Commissioner indicates that
there was no mention of any specific security
threat or danger to the appellant in the
police report. Such a ground, in our opinion,
would be contrary to the intent of grant of
license inasmuch as it is not necessary that a
person should have an actual threat or
imminent threat perception, but it would
suffice if the applicant is able to persuade
the authority to take into consideration the
nature of his trade, profession and calling
for the purpose of grant of license which
situation has now been taken care of under
Sub-Rule (3)(a) of Rule 12 of the 2016 Rules.
In this view of the matter, the question of
grant or refusal of license will have to be
revisited by the licensing authority where the
licensing authority will have the power to
make an assessment as per the aforesaid
Rules, keeping in view the police report or
such other factors which may be necessary
for the said purpose.”
5. On the other hand, learned counsel for respondents
endorsed the decision taken by the District Magistrate, Patna
submitting that it is the subjective satisfaction of the licensing
authorities in granting license or in refusing the same on
his/her/their personal satisfaction, where the security of public
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peace and for public safety, such decisions are required to be
taken by them.
6. Upon perusal of the records, this Court finds that
since there is already a report of local police wherein the
petitioner having a huge chunk of land located in market area
and on highways and people with criminal background
frequently trying to assault and encroach the property have
already been disclosed and such aspect having not been dealt
with, by the licensing authorities in their orders, and even from
the Appellate Order, it does not appear that the appellate
authorities have considered such issues with regard to the
petitioner’s entitlement for grant of license and for better
appreciation, at this stage, it would be appropriate to refer to the
provision of Section 14 of the Arms Act which reads as under:
14. Refusal of licences.-
(1) Notwithstanding anything in section 13,
licensing authority shall refuse to grant-
(a) a licence under section 3, section 4
or section 5 where such licence is
required in respect of any prohibited
arms or prohibited ammunition;
(b) a licence in any other case under
Chapter II-
(i) where such licence is
required by a person whom the
licensing authority has reason
to believe-
(1) to be prohibited by
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law for the time being in
force from acquiring,
having in his possession
or carrying any arms or
ammunition, or
(2) to be of unsound
mind, or
(3) to be for any reason
unfit for a licence under
this Act; or
(ii) where the licensing
authority deems it necessary for
the security of the public peace
or for public safety to refuse to
grant such licence.
(2) The licensing authority shall not refuse
to grant any licence to any person merely on
the ground that such person does not own or
possess sufficient property.
(3) Where the licensing authority refuses to
grant a licence to any person it shall record
in writing the reasons for such refusal and
furnish to that person on demand a brief
statement of the same unless in any case the
licensing authority is of the opinion that it
will not be in the public interest to furnish
such statement.
7. Taking into account the above facts and
circumstances, submissions of the parties and as also to
provision of section 14 of the Arms Act, it is evident that the
District Magistrate, while rejecting the application of the
petitioner and, as also, by the Appellate Authority, while dealing
with the appeal of the petitioner, has passed the orders being
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oblivious to the provisions of Section-14 of the Arms Act, which
pertains to the refusal of the license only in the case of, where
the security of Public Peace and Public Safety is found to be
compromised. It is not the case of the State authorities that the
petitioner has been found not worthy of the license on the
grounds mentioned under Section 14 of the Arms Act. The
grounds, as mentioned in the impugned orders, do not in any
manner, indicate that the petitioner is not entitled for the arms
license and owing to the same, he has been treated to be unfit
for the license under the Arms Act.
8. The words “public peace” or “public safety” do not
mean ordinary disturbance of law and order. Public safety
means safety of the public at large and not safety of a few
persons only. In such circumstances, a blanket or mechanical
denial of arms license on vague apprehension of public safety
without any empirical data and contrary to the two police
reports would not only be contrary to the statutory scheme but
would also fail to give due weight to an individual statutory
rights. Though the right to carry firearms cannot be directly read
into Article 21, consideration of public safety, security and
reasonable apprehension must meaningfully inform the decision
making process of the licensing authority.
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9. In view of the aforesaid consideration, this Court
sets aside both the orders i.e., order dated 22.10.2024 passed in
Arms Appeal No. 204 of 2024 by the Divisional Commissioner,
Patna as well as the order dated 08.08.2023 passed in Memo No.
2786 dated 08.08.2023 by the District Magistrate, Patna.
10. Consequently, the District Arms Magistrate, Patna,
is directed to adjudicate the claim of the petitioner for grant of
license on the basis of earlier application filed by this petitioner,
and in case, any new format of application having been
introduced for making/seeking request for grant of license by
the applicant, in such event, the petitioner would be
appropriately communicated to carry out the formalities for
filling up such application and, in case, there is no such change,
in such event, the petitioner’s application for grant of license
shall be adjudicated within a period of six weeks from filing of a
representation by the petitioner before the authorities concerned.
11. It goes without saying that all these issues which
has been raised by this petitioner and the report which has been
submitted by the local police placed for consideration before the
District Magistrate through Superintendent of Police needs to be
considered strictly in consonance with the purport of the
legislation and on being satisfied, the District Magistrate is
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required to act in accordance with law.
12. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
surya/-
U
