The Patna High Court has expressed serious concern over the implementation of the Bihar Prohibition and Excise Act, 2016, observing that the “failure of the state machinery” has put citizens’ lives at risk and led to the growth of a parallel economy of illicit liquor.
Justice Purnendu Singh made the observations while granting pre-arrest bail to a 19-year-old petitioner accused under the prohibition law.
The court said:
“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 bench observed that instead of curbing alcoholism, prohibition had resulted in the proliferation of illegal liquor and an underground supply network.
It also flagged an “alarming trend” of minors and young adults, including those aged 18 and 19, being used for smuggling illicit liquor.
Referring to incidents involving spurious liquor, the court noted that hooch allegedly mixed with methyl alcohol and other substances such as urea had caused numerous deaths in the state.
Citing scientific findings, the bench recorded that:
- Consumption of five millilitres of methyl alcohol can cause blindness
- More than ten millilitres can be fatal
- It can lead to acidosis and kidney failure
Granting anticipatory bail, the court directed that the petitioner be released in the event of arrest or surrender within four weeks on furnishing a bail bond of ₹10,000.
It further directed the Gopalganj district court to verify the petitioner’s criminal antecedents, stating that the bail would automatically lapse if he was found involved in other cases.
The bench emphasised that courts must not “abdicate” their constitutional duty to advise the Chief Secretary to ensure proper rehabilitation of young offenders, particularly those between 18 and 35 years of age.
Separately, Rashtriya Lok Morcha MLA Madhav Anand called for a “detailed review” of the prohibition law enacted in 2016 by the then Grand Alliance government led by Chief Minister Nitish Kumar.
However, the state government rejected the demand for a review.
