After the amendment in the law, this act is now less hard for the violators, merely for the person who violated the law for the first time, the people who are caught for the first time-consuming liquor in Bihar will not be sent to jail or any kind of imprisonment, the thing is that the violators will have to pay the fine of rupees 50000 if they are caught for the first time they can go free by paying the amount and if they fail to pay the fine then the imprisonment of 1 month for that particular person, earlier when this law came into effect the law was non-bailable and thus after consulting the experts the CM of Bihar Nitish Kumar decided to make amendments in that particular law. Above we got the knowledge about the first-time offender violating the law, what the scenario when a person is caught for the second time the person who is caught for the second time should be fined Rs 1 lakh and 5 years of jail, the house where the liquor was recovered earlier when the amendments were not made those houses were seized but after the amendment in the law these penalties and provisions were removed and those houses where the alcohol is recovered will not be seized by the authorities.
Few More changes in the law
This law was amended to reduce the strictness of these provisions as many innocents were too trapped under these provisions, Earlier the person if caught selling, manufacturing, or storing liquor earlier it was 10 years imprisonment and a 10 lakh fine which had been reduced to 1 lakh fine and five years of imprisonment. As per the records 349170 cases were reported and approx 40000 arrests were made under this law, and approx 21000 bails were pleaded before the High court of Patna or before the trial courts.
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This amendment also says if any non-commercial vehicle is caught with less quantity of alcohol it will be released with the penalties, also empowered the magistrates to destroy those recovered or seized liquor at the place where the liquor was recovered, but before the amendment, the district authorities have to take the permission from the appropriate government officials.
This law also says that any of the persons arrested under this law should be presented before the judicial magistrate or the executive magistrate within 24 hours or by the process of video conferencing.
How to get bail if penalized under this law in Bihar?
If any person is caught drinking alcohol in Bihar for the first time and then after paying the fine of such again caught for the second time and hence went to jail for such offense, any vehicle if caught and the person is sent to jail for the violation of the law or any person is caught with the manufacturing or storing the alcohol and put behind the bars then the person should first hire a good advocate and if the arrest is not made then he should go for the anticipatory bail and if the arrest has been made then the person has to go through the regular bail process, the anticipatory bail is granted to the person if the arrest has not been made of that particular person and if the person has been arrested then he/she should approach to the good advocate and go on for the process of regular bail.
How Can Lead India help?
Lead India has an expert panel of advocates in Bihar, Advocates in Patna, Advocates in Gopalganj, and other parts of Bihar who will help you get the bail application drafted and comply with the further procedures and will help you get bail at your respective place.