According to the division bench of the Supreme Court composed of Justices Sanjay Kishan Kaul and Abhay S. Oka, the establishment of special tribunals for the purpose of hearing cases arising under the Bihar Prohibition and Excise Act, 2016, was "a long distance away." In addition to discussing the additional infrastructure being built and the manpower being deployed to handle the "burgeoning" cases of detenues seeking bail in these excise matters, a bench was also debating the grant of bail, the pendency with regard to the offense of alcohol consumption, and these issues. These more significant difficulties had their origins in a regular special leave petition for anticipatory bail that the court had rejected although choosing to keep them on the table. The highest court's judgment from January 23, 2023 expressed displeasure about the delay in improving the legal system and stated, “We are still at the stage of planning the infrastructure.”

In an earlier order, the court noted, “74 Special Courts have been set up in the State of Bihar in 2019, 140 vacancies, including 74 for special courts, were advertised, out of which 106 posts were filled vide Notification dated 01.10.2021. The fresh vacancies have been advertised and the recruitment process is on. The State of Bihar is also stated to have appointed the sanctioned posts for support staff which have also since been advertised. The recruitment process is, however, accepted to be completed only in August 2023 and three lakhs applications have been received. The Patna High Court has also approved the map of construction of buildings for special Courts. Learned senior counsel for the State will obtain instructions to specify the schedule for construction of the Special Courts.”

The manufacture, bottling, distribution, transportation, collection, storage, sale, possession, and purchase of any alcoholic beverages are all completely prohibited in Bihar under the excise legislation. Alcohol use is likewise prohibited in the state, and violators are subject to punishment under Section 37 of the Act. The government informed the court in August 2022 that as of May 11, while a total of 3,78,186 cases had been recorded and trial had begun in 1,16,103 cases, only 2,473 cases had been successfully completed, resulting in the acquittal of 830 accused and the conviction of 1,643 accused. “There is an acquittal rate of almost 1/3rd of the cases. The trial concluded is a small fraction of the total number of cases and at same pace, when the cases are filed, there will be, in our view, a burgeoning of cases to the extent making it unmanageable,” While stressing the urgent necessity for special courts and judicial personnel to handle such excise concerns, the bench made its observation. 

On Monday, the bench said that it would give the state government's attorney an extra week to get instructions. “Prima facie it appears that the stand of the High Court may have merit but subject to what learned counsel for the State has to submit. Learned counsel for the State requests for a week’s accommodation to obtain requisite instructions, otherwise we will examine the aspect and pass necessary orders.”

Numerous people have lost their lives as a result of drinking fake alcohol, making the issue of the trade and consumption of illicit alcohol in Bihar a long-standing one. Following the consumption of such alcohol in the Siwan district on Sunday, three individuals died and six were hospitalise. Over 70 individuals died in a previous hooch catastrophe reported from Chhapra in the Saran area in December after ingesting fake alcohol at a local restaurant.

Case Title: Sudhir Kumar Yadav @ Sudhir Singh @ Sudhir Kumar v. The State of Bihar 
Citation: Special Leave to Appeal (Criminal) No. 1821 of 2022

Appearance of the Advocates

For Petitioner(s)

Mr. Krishan Pal Mavi, AOR

For Respondent(s)

Mr. Gaurav Agrawal, AOR, Amicus Curie

Mr. Ranjit Kumar, Sr. Adv.
Mr. Atmaram Ns Nadkarni, Sr. Adv.
Mr. Rishi Kumar Awasthi, Adv.
Mr. Santosh Kumar - I, AOR
Mr. Prashant Kumar, Adv.
Mr. Piyush Vatsa, Adv.
Ms. Ritu Arora, Adv.
Mr. Usman G Khan, Adv.
Mr. Avinash Ankit, Adv.
Mr. Rahul K Gupta, Adv.