In a significant relief for three Patna residents accused of selling beer disguised as energy drinks, the Patna High Court has thrown out an eight-year-old FIR. Justice Alok Kumar Pandey ruled that the seized beverages fell well within the legal definition of non-alcoholic drinks and did not breach Bihar’s strict prohibition law.
Background
The case began in February 2017 after a Dainik Bhaskar report claimed that beer was being passed off as an energy drink in Patna. Acting on the tip, excise officials raided the warehouse of M/s Siddhi Enterprises and seized bottles labelled “WFM Super Strong,” “Thousand Bolt,” and “Kingfermer”- names strikingly similar to popular beer brands. Two employees were detained, and an FIR was filed under cheating and Bihar Prohibition Act provisions.
Counsel for the petitioners argued that the drinks were licensed food products tested repeatedly by government labs and consistently found to contain only 0.2%–0.4% ethyl alcohol, far below the 0.5% ceiling for non-alcoholic beer set by the Bureau of Indian Standards (BIS).
Court’s Observations
“The Act targets intoxicants, not beverages within BIS norms,” the bench observed, noting that statutory definitions of “alcoholic beverage” explicitly exclude drinks below the BIS threshold. Justice Pandey pointed out that initial government tests found no alcohol at all and later traces likely arose from natural fermentation during storage.
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The State countered that later forensic tests detected up to 2.58% alcohol, enough to qualify as lager beer. It argued that selling such drinks under beer-like names undermined Bihar’s zero-tolerance prohibition policy. The judge, however, remarked that criminal law must be applied “as on the date of seizure,” stressing that prosecution cannot rely on samples of uncertain origin or those tested long after collection.
Decision
Finding no “cognizable offence,” the Court quashed Ramkrishna Nagar Police Station Case No. 34 of 2017 and allowed the writ petition. With that, the long-pending charges of cheating and illegal liquor trade against Kumari Punam and her colleagues stand erased.
Case: Kumari Punam & Others vs. State of Bihar & Others
Case No.: Criminal Writ Jurisdiction Case No. 1405 of 2017
Judgment Date: 9 September 2025
