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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR SINHA, J.
Raj Kishore Singh S/o Late Dhenuki Singh – Appellant
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No. 3229 of 2024
Decided On : 24-04-2026
Arms Act, 1959 – Section 14(1)(b)(ii) – Arms Rules, 2016 – Rule 12 – Constitution of India – Article 21 – Rejection of application of petitioner for grant of arms licence – Right to possess or carry firearm is not a fundamental right but a statutory right – Section 14(1)(b)(ii) of Arms Act does not give unlimited discretion to Licensing Authority to exercise his discretion on the basis of his subjective satisfaction – Exercise of discretion must be judicious considering attending facts and materials available on record, particularly when discretion given to licensing authority is not unlimited and grounds for rejection of licence have explicitly been given in the Act – Petitioner is engaged in agricultural activities in relation to which he has to travel frequently having substantial amount of money which gives rise to threat to his life and property – Right to life under Article 21 of Constitution has been interpreted to include within its fold right to live with dignity, personal autonomy and a sense of security over one's body and property. (Paras 14, 19 and 22)
Arms Act, 1959 – Section 14(1)(b)(ii) – Arms Rules, 2016 – Rule 12 – Rejection of application of petitioner for grant of arms licence – Misuse of legally licensed arms constitutes negligible fraction of total arms-related offences – Words "public peace" or "public safety" do not mean ordinary disturbance of law and order – Public safety means safety of public at large and not safety of a few persons only – In such circumstances, blanket or mechanical denial of arms licence on vague apprehension of public safety without any empirical data and contrary to two police reports would not only be contrary to statutory scheme but would also fail to give due weight to an individual statutory rights – Police verification report categorically records that petitioner is not likely to pose any threat to public peace or public safety – Direction issued to District Magistrate, to consider grant of licence in favour of petitioner – Writ Application allowed. (Paras 23 to 31)
JUDGMENT :
ANIL KUMAR SINHA, J.
1. The petitioner has preferred this writ application for quashing the order dated 20.06.2023 passed by the Divisional Commissioner, Patna in Arms Appeal No. 39 of 2021 whereby the appellate authority has affirmed the order dated 25.11.2019 passed by the District Magistrate, Buxar in Arms Case No. 205 of 2011 rejecting the application of the petitioner for grant of arms licence. The petitioner has further prayed for a direction upon the respondent-licensing authority to grant arms licence in his favour.
2. The brief facts of the case is that the petitioner had applied for grant of arms licence in the prescribed format in the year 2011 before the District Magistrate, Buxar. The said application was forwarded for police verification pursuant to which the officer-in-charge of Bagengola Police Station conducted enquiry and submitted his report on 03.02.2015 stating therein that the petitioner has sufficient reason for grant of arms licence and for protection of his life and property recommended that the petitioner may be issued arms licence for N.P. bore rifle. Thereafter, the Superintendent of Police vide letter dated 740 dated 24.02.2015 forwarded the police verification report along with all relevant documents to the District Magistrate, Buxar stating therein inter alia that no adverse record was found against the petitioner. It was further noted that the petitioner is engaged in agricultural activities and frequently travels to Buxar carrying substantial cash giving rise to reasonable apprehension regarding his personal safety and property. Further case of the petitioner is that despite favourable police verification report, positive recommendation and admitted absence of any criminal antecedent, the District Magistrate, Buxar rejected the application of the petitioner vide order dated 23.02.2016 on the ground that the petitioner did not have threat perception and therefore there existed no sufficient reason for grant of arms licence. Reference has been made in that connection to the direction of Ministry of Home vide letter no. 3026 dated 31.04.2010.
3. Aggrieved thereby the petitioner preferred Arms Appeal No. 163 of 2016 before the Divisional Commissioner, Patna. The Arms Appeal was decided by the learned Divisional Commissioner, Patna vide its order dated 29.01.2019 / 29.03.2019 and the application for arms license of the petitioner was remanded back to the District Magistrate, Buxar with a direction to take a fresh decision in the light of Section 13 & 14 of the Arms Act, 1959, judgments of the Hon’ble High Court in respect of issuance of arms license and various directions of the State government regarding issuance of arms license. The Divisional Commissioner, Patna thus directed the District Magistrate, Buxar to decide the matter after hearing the appellant / petitioner and after calling an up-to-date police report regarding the character of the petitioner and to take a decision accordingly.
4. After remand, a fresh police verification report was called for by the District Magistrate, Buxar. The police report was submitted through Superintendent of Police, Buxar vide letter no. 3608 dated 01.09.2019 having no adverse entries against the petitioner. The report further stated that petitioner’s uncle had been killed by naxalites in the year 1987 in respect of which an F.I.R. was lodged at Bagengola Police Station. The annual income of the petitioner is approximately Rs. 4,00,000/- and if licence is given to the petitioner the petitioner does not pose any threat to social harmony or public peace.
5. Despite favourable police verification report, the District Magistrate, Buxar once again rejected the petitioner’s application vide order dated 25.11.2019 passed in Arms Case No. 205 of 2011. The rejection primarily was based on the ground that the incident referred to in the police report had occurred nearly twenty years ago and that the S.H.O., Bagengola Police Station has reported no existing or immi
Threat perception is not a requirement for granting an arms license under the Arms Act.
The absence of an actual threat perception cannot be the sole ground for denying an arms license, and licensing authorities must consider the applicant's profession and circumstances as per the Arms ....
Renewal of an arms licence can be denied based on public safety concerns and the applicant's criminal conviction, emphasizing the need for timely applications.
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