Patna High Court struck down down Nitish Government’s Anti-liquor Act on September 30, deeming it to be ‘illegal’.
Bihar in April this year had passed the Bihar Prohibition and Excise Bill-2016 under which Bihar had implemented strict action against the consumption of alcohol in the state. But Patna High court pointed out few glaring flaws under this bill on September 30.
Besides banning liquor consumption, the government had also added strict provisions in the bill like the arrest of all adult members of a family in the event of a liquor “bottle” being found in a house.
Further, all sections under the new Bill are non-bailable and thus only the court can grant one bail for such cases.
Once this new Bill is enforced, only special courts under the Bihar Special Courts Act would be able to try these cases.
It must be noted that till now these special courts, had only been trying corruption cases and CBI related cases.
Patna High court also noticed that under the new law, even if any utensils with a mix of jaggery or grapes is found in the premises, the authorities are free to assume its liquor and they are in the process of manufacturing liquor.
Under this, the authorities are thus free to arrest all the adults on the premise.
Representational Image. PTI
The Bill further empowered the authorities to confiscate the house or premise where “liquor” is either consumed or even stored.