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Patna High Court Quashes FIR: Fermentation in Energy Drinks Not an Offence Under Bihar Prohibition Law

Court rules beverages with less than 0.5% alcohol meet BIS standards and cannot be treated as liquor

Justice Alok Kumar Pandey says natural fermentation after storage cannot criminalize licensed products

By Our Legal Correspondent

New Delhi: October 02, 2025: In a landmark judgment that clarifies the scope of Bihar’s prohibition laws, the Patna High Court has quashed an FIR lodged against a distributor accused of selling beer disguised as energy drinks. The Court ruled that beverages containing less than 0.5% ethyl alcohol by volume, as permitted under the Bureau of Indian Standards (BIS), are non-alcoholic and therefore not prohibited under the Bihar Prohibition and Excise Act, 2016.

The decision, delivered by Justice Alok Kumar Pandey, underscores that trace alcohol content due to natural fermentation cannot be treated as an offence when the products otherwise comply with statutory food safety and BIS norms.

The Case Background

The controversy dates back to February 2017, when a Hindi daily published a report alleging that beer was being marketed under the guise of energy drinks in Patna. The report claimed that products with names resembling popular liquor brands such as Thunder Bolt and Kingfisher contained 4–5% alcohol.

Acting on the report, the Excise Department raided the premises of M/s Siddhi Enterprises, a distributor in Bigrahpur, Patna. Officials seized beverages branded as WFM Super Strong 10000 and 100000, Thousand Bolt, Kalalon Golden, and Kingfermer. The company’s sales manager and accountant were also detained.

An FIR (No. 34/2017) was registered at Ramkrishna Nagar Police Station, accusing the firm of violating prohibition laws by selling alcoholic drinks disguised as energy beverages.

The Petitioners’ Argument

The case was challenged by Kumari Punam, proprietor of M/s Siddhi Enterprises, along with her employees. Their counsel argued:

The products were licensed under the Food Safety and Standards Act, 2006 and had valid approvals from the Ministry of Food Processing Industries since 1998.
Laboratory tests conducted by government agencies consistently showed alcohol content between 0.2% and 0.4% v/v, well within the BIS threshold for non-alcoholic drinks.
Later reports from the Forensic Science Laboratory (FSL) indicating alcohol levels of 2.24%–2.58% were due to natural fermentation after storage, not the original product composition.
An identical case (M/s Smart India Marketing v. State of Bihar, 2017) had already been decided in favor of the petitioners and upheld by the Supreme Court

Court’s Observations

Justice Pandey carefully examined the statutory framework and evidence. Key findings included:

BIS Standards: Non-alcoholic beer is defined as a beverage containing less than 0.5% ethyl alcohol by volume. The seized products fell within this limit at the time of inspection.
Scope of Prohibition Act: Section 2(3) of the Bihar Prohibition and Excise Act prohibits intoxicants or liquor containing alcohol of any strength. However, Section 2(4) and 2(6) clarify that non-alcoholic substances conforming to BIS standards are excluded.
Natural Fermentation: The Court accepted that higher alcohol readings in later tests were due to post-seizure fermentation, a natural process beyond the control of the manufacturer.
No Cognizable Offence: Since the beverages complied with BIS norms at the time of seizure, the FIR did not disclose any offence under the prohibition law.

Justice Pandey observed:

“Criminal liability under prohibition law must be judged at the time of seizure, not on the basis of subsequent laboratory variations caused by fermentation.”

The Verdict

The Court allowed the writ petition, quashing the FIR and all related proceedings against Siddhi Enterprises and its employees. It held that:

The products were non-alcoholic under BIS standards.
The Bihar Prohibition Act does not apply to such beverages.
The FIR was unsustainable in law and amounted to harassment of licensed traders.

Significance of the Judgment

This ruling has far-reaching implications:

Clarity for Businesses: Licensed manufacturers and distributors of non-alcoholic beverages in Bihar now have judicial backing that trace alcohol within BIS limits is permissible.
Consumer Protection: The judgment ensures that consumers are not misled by exaggerated claims of illegality when products meet national standards.
Judicial Consistency: By aligning with earlier rulings and Supreme Court affirmations, the decision strengthens legal certainty in prohibition-related disputes.
Balance Between Law and Commerce: The Court struck a balance between enforcing prohibition and protecting legitimate trade in non-alcoholic drinks.

Wider Context: Bihar’s Prohibition Law

Bihar imposed total prohibition in 2016, banning the manufacture, sale, and consumption of alcohol. While the law was intended to curb alcoholism and related social issues, it has faced criticism for overreach and misuse.

Several cases have emerged where soft drinks, tonics, and energy beverages were targeted under prohibition laws, leading to confusion among traders and consumers. The Patna High Court’s ruling provides much-needed clarity by distinguishing between alcoholic liquor and non-alcoholic beverages with trace fermentation.

Expert Reactions

Legal experts and trade associations have welcomed the judgment.

Food law specialists note that the ruling reinforces the supremacy of BIS and FSSAI standards in determining product classification.
Industry representatives argue that the decision will prevent harassment of legitimate businesses and encourage investment in the non-alcoholic beverage sector.
Rights advocates highlight that the judgment protects individuals from wrongful criminalization under a strict prohibition regime.

Conclusion

The Patna High Court’s decision to quash the FIR against Siddhi Enterprises is a landmark ruling that clarifies the application of Bihar’s prohibition laws. By recognizing that trace alcohol due to fermentation does not make a drink “alcoholic”, the Court has upheld both legal fairness and commercial freedom.

For Bihar, where prohibition remains a politically sensitive issue, the judgment sets a precedent that could shape future enforcement and litigation. For businesses, it is a reassurance that compliance with national food safety standards will be respected by the judiciary.

Patna HC: Fermentation in Energy Drinks Not Offence