Chief minister Nitish Kumar said on Thursday that he had instructed officials not to arrest the poor for flouting prohibition, easing a policy that has been criticised as draconian and ineffective in curbing Bihar’s illegal liquor trade.

On Thursday, the hooch death toll in Saran district rose to 40, making it the worst such incident since liquor was banned in the state in April 2016. Several others who had consumed the poisonous liquor are battling for their lives in hospitals.

“Even today, so many people are being arrested (for violating prohibition), but I have asked my officials not to catch the poor. Nab those who are indulging in the liquor trade. This is the main thing,” Nitish said.

The chief minister asserted that he had also directed officials to identify and arrest the masterminds of the liquor trade, not the poor people who were hired or drank liquor at times, adding that the latter needed to be sensitised.

“We tell the poor not to engage in the liquor business. They should do something else. We are ready to give an assistance of Rs 1 lakh to them to start some other work. We will increase the amount, if needed. I have implemented prohibition on the demand of women,” Nitish said.

He was talking to reporters after observing the 73rd death anniversary of Sardar Vallabhbhai Patel in Patna. His words mark a tectonic shift in the government’s liquor policy.

Nitish has been facing flak not only from the Opposition but also from allies like the Congress, CPI-ML and the Hindustani Awam Morcha Secular for prohibition arrests and hooch deaths.

The ruling Grand Alliance partners have regularly pointed out that a majority of those arrested for flouting the liquor ban are poor people, not the key players.

Prohibition has led to the arrest of over 4.33 lakh people in Bihar since April 2016, clogging the jails and courts.

Since the majority of the arrested people are from a poor socio-economic background, it has created the perception that the rich and the affluent are above the liquor ban. Drinking liquor invites jail terms of one month to seven years in Bihar.

Indulging in liquor trade attracts a maximum punishment of life imprisonment and if the liquor causes death, then the capital punishment can be handed. The residents of the area in Saran affected by the hooch deaths said that over 40 people had died since Tuesday. Around 10 of them died on Thursday.

However, Nitish pegged the death toll at 31.

“We have come to know that 31 people have died. This is such a bad thing. We must find out the people who provided hooch and take strict action against them. We are readying for it,” he said.

The chief minister asserted that the people should be made aware of the consequences if they flout prohibition.

“All parties had pledged their support to the ban on liquor. Some were saying yesterday that it has failed and were demanding compensation for the people who have died. Some people always indulge in mischief despite the laws. Murders happen despite all the laws,” Nitish said.

“Because of prohibition, some will sell spurious liquor and the people in general should be cautious. Those who will drink will die. The example is in front of you. We should express our grief and make the people understand not to drink,” he added.

The Opposition BJP staged protests in the Assembly over the hooch deaths and decried Nitish’s comments as “insensitive”.

It also sought his resignation over the deaths and the failure of prohibition.

The Saran district administration has registered two FIRs in connection with the liquor deaths, transferred the Marhaura sub-divisional police officer and recommended department proceedings against him. It has also suspended the Mashrakh station house officer and a chowkidar (village guard).