The Patna High Court has recently criticized Bihar's prohibition laws, specifically the Bihar Prohibition and Excise Act, 2016, and the Bihar Prohibition and Excise Rules, 2021, calling some of their provisions "draconian". The court highlighted that these laws grant excessive and unchecked powers to authorities, potentially leading to the unjust punishment of individuals, particularly landlords and families, even without direct evidence of their involvement in offenses.

The court's remarks came during a hearing of a petition filed by Mahendra Prasad Singh, whose house was sealed following the recovery of liquor from his property. Singh claimed he was unaware of any liquor on his premises. The division bench, comprising Acting Chief Justice PB Bajanthri and Justice SB PD Singh, ordered the release of Singh's property, asserting that a landlord or property owner should not be penalized if intoxicants are discovered on their property without their knowledge or intent.

The High Court voiced concerns over a "disturbing trend" where houses are sealed, seized, confiscated, and even auctioned off based solely on their involvement in an offense under the Act. The court also pointed out the absence of a "subjective assessment" under Section 56 of the Act regarding the degree of a premise's involvement and the potential hardship faced by individuals who may be innocent. It was noted that under the law, homeowners could be accused even if their property is rented and the tenant is the one involved in illegal activity.

Further criticism was directed towards Section 57B and Rules 12B, 13B, and 14, which the court found inadequate and susceptible to misuse due to the lack of precise guidelines. The court also questioned the fairness of the penalty system, which imposes a minimum fine of Rs 1 lakh regardless of the quantity of alcohol found, arguing that this is inconsistent with Article 19(6) of the Constitution.

The Bihar Prohibition and Excise Act, 2016, was enacted to enforce a complete prohibition on liquor and intoxicants in Bihar. The law prohibits the manufacture, sale, consumption, and possession of alcohol. Violators face imprisonment and fines. Authorities are empowered to confiscate properties where liquor is consumed or stored.

While the state government defends the law as a means to improve public health and living standards, the Patna High Court has questioned its effectiveness, suggesting it has led to unauthorized trade and corruption among officials. The court's recent observations add to a history of legal challenges and debates surrounding the prohibition law in Bihar. In 2016, the Patna High Court had declared an earlier version of the prohibition law as illegal. The government then enforced a new, more stringent law.