Bihar Liquor Ban: Bail Provisions & Legal Defense
Caught under the strict Bihar Prohibition and Excise Act? Understanding the rigorous bail conditions, vehicle confiscation, and trial procedures.
Since 2016, Bihar has become a dry state under the Bihar Prohibition and Excise Act, 2016. The law is draconian, with non-bailable sections and specialized courts. Getting caught with alcohol can lead to immediate arrest and seizure of property.
Strict Bail Conditions (Section 76)
Offenses under this Act are Non-Bailable and Cognizable. Regular bail is difficult because Section 76 restricts the power of courts to grant bail unless satisfied that the accused is not guilty - a very high bar.
Sections to Know
- Section 30: Penalty for manufacturing, possessing, or selling liquor (Punishable with 10 years to Life Imprisonment if spurious).
- Section 37: Consumption of liquor. (First-time offenders may get relief by paying a fine, but repeat offenders face jail).
Vehicle Confiscation is Separate
Even if you get bail, your car/bike can be confiscated by the District Collector. Release of the vehicle is a separate legal battle involving:
1. Petition before the Collector.
2. Revision before the Excise Commissioner.
3. Writ Petition in the Patna High Court.
Common Defenses
- Illegal Search: Was the search conducted without a warrant or witnesses?
- Possession not Conscious: Was the liquor planted? Was it found in a shared space where you had no knowledge?
- Chemical Report: Is the seized liquid actually alcohol? The Forensic Lab report is crucial.
With thousands of cases clogging the courts, only a precise technical defense can secure early release.
Civil Court, Nawada, Bihar