Patna High Court strikes down Bihar's prohibition law

State govt says it is waiting for copy of court's order, will study it and challenge it in due course

In a big blow to the Nitish Kumar-led government in Bihar, the Patna High Court on Friday imposed a stay on Bihar's anti-liquor law.

Delivering its verdict on the liquor ban, the High Court annulled the state government's notification issued on April 5 this year, declaring Bihar a completely dry state. The court said that the way liquor ban had been implemented was not acceptable. The court was hearing a public Interest Litigation (PIL) challenging the Bihar government's decision to impose a total ban on the sale and consumption of alcohol in the state.

The PIL was filed by an ex-serviceman A N Singh, a day after the Nitish Kumar ministry declared Bihar a totally dry state. The petition stated that the decision violated the human rights of a citizen about what to eat and drink.

 

Meanwhile, the state government has stated that it is awaiting the copy of the court's order, and will challenge it in due course after studying it.

The Nitish Kumar-led government prohibited liquor in Bihar on April 5 this year, making it the fourth dry state in the country after Gujarat, Kerala and Nagaland.

The High Court's decision comes just days before Bihar CM was all set to notify the new and stricter prohibition law in the state. The Bihar Prohibition and Excise Bill, 2016 had strict provisions such as possible arrest of all members of a family if a liquor bottle was found in the house.

In the new prohibition law, all sections were made non-bailable, where only courts can grant bails and not police stations. If the Bill were to come into effect, only special courts have the authority to try cases related to violation of the Bihar Prohibition Law.

Earlier in the month, he had claimed that the liquor ban imposed on April 5 across the state had brought positive changes in Bihar and helped in controlling heinous crimes such murder and rape. He had also said that due to the prohibition there has been sharp reduction in accidents on the highways and cases of domestic violence.

Ever since the statewide liquor ban was brought in, Nitsih Kumar has been facing criticism from opposition and also sections of civil society dubbing it as "talibani and draconian".