The Patna High Court sharply criticised the Bihar Government for failing to enforce prohibition, warning that such lapses endanger citizens. It noted that ineffective implementation has fuelled illicit liquor networks and heightened alcoholism across the state in Bihar.
The Patna High Court criticized the Bihar government for its failure to effectively enforce the prohibition law, emphasizing that it puts citizens’ lives in jeopardy.
Justice Purnendu Singh, while considering a plea for pre-arrest bail by a 19-year-old applicant, remarked that the prohibition has resulted in a growing illicit liquor economy and increased alcoholism instead of addressing the issue.
The bench stated,
“This court finds that the lives of citizens of the state are risked by the failure of the state machinery in effectively carrying out the provision of the Bihar Prohibition and Excise Act, 2016,”
The Bihar government implemented a complete ban on the manufacture, trade, storage, transportation, sale, and consumption of liquor and intoxicants in 2016.
The court highlighted a troubling trend of minors and young adults, including those freshly turned 18 or 19, being exploited for illicit liquor smuggling. It also pointed out that consumption of toxic hooch, allegedly mixed with substances like methyl alcohol and urea, has resulted in numerous fatalities within the state.
Citing scientific evidence, the bench noted that even five milliliters of methyl alcohol can result in blindness, while 10 milliliters can be deadly, mentioning severe side effects like acidosis and kidney failure.
The court granted the petitioner pre-arrest bail and ordered his release if he surrenders or is arrested within four weeks upon providing a bail bond of Rs 10,000. It also instructed the Gopalganj district court to check the petitioner’s criminal history, stating that the relief would be revoked if he was found to be involved in other cases.
Additionally, the bench urged that courts should not neglect their constitutional duty to advise the Chief Secretary on ensuring proper rehabilitation for young offenders, especially those between 18 and 35 years old.
Meanwhile, Rashtriya Lok Morcha (RLM) MLA Madhav Anand called for a detailed review of the prohibition law enacted a decade ago by the previous Grand Alliance government, led by Chief Minister Nitish Kumar.
However, the state government dismissed this request.
Anand stated to reporters outside the Assembly,
“It is 10 years since the prohibition law was enacted. My suggestion is that the government should make a detailed review of the law,”
The Bihar Prohibition and Excise Act, 2016 is the law through which the State of Bihar completely banned the manufacture, sale, consumption, and possession of alcohol. It came into force on 1 April 2016, representing one of the strictest liquor prohibition regimes in India.