The Patna High Court recently set a new record by disposing of 476 cases in a single day, with Justice Rudra Prakash Mishra granting bail to all but 13 accused in matters related to violations of Bihar’s Prohibition Law. Most of these cases involved consumption or possession of small quantities of alcohol. Many of the accused, who had no prior criminal background, had been languishing in jails for extended periods. Justice Mishra’s initiative was primarily aimed at decongesting overcrowded prisons and clearing the massive backlog of bail applications that had been choking the judiciary for years.

Hollowness of the prohibition law exposed

While Justice Mishra achieved his ambitious and commendable goal, and district as well as lower courts are expected to follow suit in a similar fashion, his decision to grant bail in the overwhelming majority of cases has starkly exposed the hollowness of the Bihar Prohibition and Excise Act, 2016. Enacted in April 2016 as a key poll promise by Bihar’s longest-serving Chief Minister, Nitish Kumar, the law was projected to curb domestic violence, reduce crime rates, and improve public health significantly. The government continues to claim success on these fronts with selective statistics. However, in reality, the prohibition has primarily served to prolong Nitish Kumar’s political dominance in Bihar while spawning a new class of corrupt officials, middlemen, and criminals who thrive on the underground trade.

Massive........

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