Bihar Prohibition Act Clogging Courts With Bail Applications: Supreme Court Raises Alarm; Seeks State's Response

The Supreme Court has sought the State of Bihar's response as to steps being taken by it to deal with the litigation which arise from the Bihar Prohibition and Excise Amendment Act, 2018.

A Bench comprising Justice SK Kaul and Justice MM Sundresh also asked the State to apprise it of the analysis that took place before the law was brought into force in terms of the Court infrastructure required and the manpower required to deal with the litigation which would arise from such a statute.

The Court also asked the State if the plea bargaining provisions can be taken recourse to deal with the scenario as it is emerging.

The Bench sought the information after observing that a number of cases are coming to the Supreme Court arising from proceedings initiated under the Bihar Prohibition and Excise Amendment Act, 2018.

The Bench observed that the trial Court and the High Court are both being crowded by bail applications to an extent that at some stage 16 judges of the High Court are listening to bail matters and prosecutions under the Act concerned forms a large part of it.

Denial of bail would also result in crowding of the prisons, the Bench opined.

The Bench issued notice to the State on a batch of special leave petitions filed challenging Patna High Court's order refusing anticipatory bail to persons accused under the Bihar Act. 

The petitions filed through Advocate Danish Zubair argue that the High Court dismissed the applications of the Petitioners without application of mind to the facts and circumstances of the case and without applying the precedents correctly.

The Chief Justice of India NV Ramana had also earlier this year remarked that the Bihar Prohibition and Excise Act, 2016 has created an impact on functioning of the Patna High Court, delaying the listing of matters since the courts are busy hearing bail matters of those accused under the Act.

A CJI led Bench had observed that to achieve the object of the Act, the prosecution of the case should be made in all earnestness to secure conviction and punishment.

The Bihar Prohibition and Excise Act, 2016 (Act, 2016) prohibits the manufacture, storage, distribution, transportation, possession, sale, purchase and consumption of any intoxicant or liquor.  The 2018 amendment watered down certain provisions to relax the bail conditions.

Case Title: Monu Kumar & Ors vs State of Bihar, SLP (Crl) 1426/2022

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