Bail in Liquor Cases Under the Bihar Prohibition and Excise Act, 2016

The law

The Bihar Prohibition and Excise Act, 2016 prohibits the manufacture, bottling, distribution, transport, collection, storage, possession, purchase, sale and consumption of liquor in Bihar, subject to narrow exceptions. Offences relating to possession, transport and sale are punished more severely than consumption, and the Act provides for confiscation of vehicles, vessels and premises used in an offence. Cases are tried by Special Courts designated under the Act.

Why so many bail matters reach the High Court

Liquor cases form a very large part of the criminal list in Bihar's courts, including the Patna High Court. In 2022, the Supreme Court noted the volume of bail matters arising under the Act when it declined the State's challenge to bail orders. A bail petition is first made to the Special Court and, if refused, to the Patna High Court as a criminal miscellaneous case.

What courts look at

• The quantity seized, and whether it suggests personal use or trade
• Whether the accused was in conscious possession, for example a passenger in a vehicle in which liquor was found
• Whether the seizure was made in the presence of independent witnesses and recorded in a seizure list
• The chemical examination report confirming the substance
• Criminal antecedents, especially earlier cases under the same Act
• The period already spent in custody, and whether the chargesheet has been filed

Owners, drivers and passengers

Where liquor is found in a vehicle, the owner, driver and passengers are often all named. Their positions differ: an owner who was not present and did not know of the use of the vehicle, or a passenger with no link to the consignment, may argue that conscious possession is not shown. Courts examine the specific role of each person rather than treating all occupants alike.

Consumption cases

Consumption of liquor is dealt with separately and more leniently. Amendments to the Act in 2018 and 2022 reduced the consequences for a first offence of consumption, which can now be dealt with by payment of a fine in the manner the amended Act provides. Repeat offences attract imprisonment.

After bail

Bail conditions in these cases commonly include regular attendance before the trial court and an undertaking not to commit any further offence under the Act. Breach of the undertaking can lead to cancellation of bail.