Introduction

Many residents in Bihar face confusion around liquor prohibition — when possession, transport or even consumption becomes criminal. This often leads to surprise arrests, smuggling allegations, or confiscation of vehicles and cash. Whether you’re a driver caught with alcohol in transit, a small-time seller, or a family coping with hooch tragedies, it’s essential to understand the Bihar Prohibition and Excise Act, 2016 (“the Act”). This law governs the total ban on alcohol in Bihar and shapes litigation in the Patna High Court. This article breaks it down in simple language for anyone in Bihar navigating legal issues under this Act.

Simplified Explanation of the Law

What is the purpose of the law?
The Act enforces complete prohibition on any liquor or intoxicant in Bihar. It aims to protect public health and uphold Article 47 of the Constitutionʼs directive to prohibit drink and drugs harmful to citizens.

Who is affected by it?
Every person in Bihar — individuals, license-holders, drivers, vendors, and even interstate transporters — is subject to the ban on manufacturing, transporting, possessing, or consuming alcohol. Officers such as Excise Commissioners, Collectors, and Police enforce it.

Why was it introduced?
Introduced on 2 October 2016, the law replaced earlier provisions to ensure a stronger legal framework for prohibition. It reflects the state government’s intent – backed by Nitish Kumar’s 2016 announcement – to eradicate liquor consumption statewide.

Key Legal Provisions

Select provisions clearly impacting citizens and litigation:

1. Section 13 – Total Ban
   Prohibits anyone from manufacturing, transporting, selling, possessing, buying, or consuming liquor or intoxicants.
   This blanket ban applies to everyone in Bihar, with limited exceptions for government-authorised entities.
   
2. Section 30(a) – Transporting Liquor
   Makes transporting alcohol without permit an offence, punishable by imprisonment.
   Example: Two men were recently sentenced to 6 years’ rigorous imprisonment and fined Rs 1 lakh each for transporting country liquor from Jharkhand.
   
3. Section 56 – Confiscation of Vehicles/Property
   Allows seizure and confiscation of any vehicle, vessel, or property used in liquor offence.
   The Collector or authorised officer may confiscate a vehicle used to transport illicit liquor.
   
4. Section 75 – Breath and Medical Tests
   Excise officers can ask suspected individuals for breath or medical tests; refusal leads to a presumption of guilt.
   The Patna High Court clarified tests should only be used properly — both breath and medical reports are needed to prove guilt.
   
5. Section 92 & 57B – Appeals against Confiscation
   Provides a right to appeal confiscation decisions to the Excise Commissioner.
   Patna High Court allowed a stay on vehicle auction pending appeal, recognising the appeal remedy.
   
6. Section 95 – Rule-making Power
   Empowers the State Government to make rules for enforcing provisions such as sealing premises, confiscation, and appeals.
   

Recent Judgments or Court Interpretations

1. Patna High Court on Confiscation of Cash
   In Brijlaal Yadav v. State, the court ruled seizure and confiscation of cash during liquor raids is illegal, stating the Act does not authorize cash seizure. The petitioner was ordered to get his ₹2.2 lakh back after furnishing sureties.
   
2. Patna High Court on Breath & Medical Tests
   In Anil Kumar Sinha v. State, the High Court held that reliance on only breath analysis is insufficient; both breath and medical tests are needed to presume guilt under Section 37.
   
3. Court’s Critique of Ban’s Consequences
   The HC observed in October 2024 that the prohibition law has fueled smuggling, disproportionately harmed the poor, and created opportunities for officials to profit.
   

Bihar‑Specific Rules or Notifications

Under the Act, the Government has issued rules to support prohibition:

• Neera Rules 2017 – Allow limited non‑alcoholic palm products.
  
• Bihar Prohibition & Excise Rules 2021, 2022, 2023 – Cover procedure for appeals, confiscations, sealing, and details on vehicle and cash seizures.
  

These ensure standardized application across Bihar.

Practical Application in Bihar

1. Vehicle Seizure in Smuggling Cases
   A person transporting over 35 litres of country liquor was caught; the bicycle used was seized and auctioned. He appealed under Section 92, and HC stayed the auction.
   
2. Illicit Liquor Cases & Imprisonment
   In Aurangabad (June 2025), two men were jailed for six years under Section 30(a) for smuggling country liquor from Jharkhand.
   

FAQs

1. Can I be arrested for possessing home-made alcohol?
Yes. Under Section 13, any possession, including home-distilled alcohol, is illegal. Penalties range from imprisonment to heavy fines.

2. What if the police seize my vehicle with alcohol inside?
Vehicle confiscation is permitted under Sections 56–57. However, you can appeal to the Excise Commissioner under Section 92 and request a stay on auction.

3. They took my cash during a raid. Is that lawful?
No. The Patna High Court has clarified that the Act does not allow seizure of cash found during liquor raids.

4. I refused a breath test. Does that mean I’m guilty?
Not automatically. If you refuse both tests, it leads to a presumption of guilt. But courts require both medical and breath evidence.

5. Are there exceptions for medical use of alcohol?
Some exceptions exist for intoxicants defined as medicine, and Neera (palm juice) under 2017 Rules. Regular medical prescriptions do not override the prohibition.

Guidance for Readers

If you’re dealing with vehicle confiscation, smuggling charges, or bail for liquor-related offences, consider consulting a lawyer experienced in excise law. Representation during appeal proceedings and advice on safeguarding your rights (such as preventing unlawful cash seizure) can be crucial. Samvida Law Associates can help you understand timelines, options under Sections 56, 92 and beyond, and represent your case effectively.

Please find a link to the Bihar Prohibition & Excise Act, 2016 here