Patna: The Patna High Court has sharply criticised Bihar’s liquor prohibition framework, calling it a “draconian law” that grants sweeping, unchecked powers to enforcement officials.
A division bench of Acting Chief Justice PB Bajanthri and Justice SB PD Singh, while hearing a petition filed by Mahendra Prasad Singh, objected strongly to provisions of the Bihar Prohibition and Excise Act 2016 and the amended Rules of 2021. The petitioner’s house had been sealed after liquor was recovered from the premises, despite his claim that he was unaware of it.
The judges questioned whether landlords should be held liable if liquor is found in rented homes, or whether entire joint families should face the sealing of their houses if one member is caught storing alcohol. They also asked if the state would move to auction government quarters if liquor was recovered there.
Particular criticism was reserved for Section 57B and Rules 12B, 13B and 14, which the bench deemed inadequate and vulnerable to misuse in the absence of precise guidelines. The court further noted the disproportionate penalty system, which imposes a minimum fine of Rs 1 lakh regardless of whether 100 ml or 1 lakh litres of alcohol are found, calling it inconsistent with Article 19(6) of the Constitution.
The court ordered the immediate unsealing of the petitioner’s house, ruling that landlords cannot be harassed without proof of knowledge or intent. It also warned that the growing trend of house seizures under the law posed a “dangerous precedent.”
