Case Note & Summary
The Supreme Court granted anticipatory bail to the appellant in an excise case, overturning the High Court's refusal, primarily because the appellant was not initially named in the FIR, no raid was conducted at his business premises, he had been granted bail in prior similar cases, and he had cooperated with investigation under interim protection.
Headnote
The Supreme Court of India, The appellant, a businessman engaged in manufacturing plastic and aluminum bottle caps through his establishment 'Sha Misrimal Hirachand Empty Glass Bottles Wholesale' at Vijayawada, challenged the High Court of Andhra Pradesh's order dated December 5, 2025 refusing anticipatory bail. -- The FIR Crime No. 171 of 2025 was registered at Bhavanipuram Prohibition and Excise Police Station, NTR District, for offences under various sections of the Andhra Pradesh Excise Act, 1968, following raids on October 6, 2025 at Ravi Khirana General Stores and A.N.R. Restaurant & Bar which uncovered spurious liquor manufacturing operations. -- The prosecution alleged the appellant supplied bottles and caps with government labels for spurious liquor production, based on witness statements and financial transactions discovered during investigation, though the appellant was not initially named in the FIR and no raid was conducted at his business premises. -- The core legal issue was whether anticipatory bail should be granted considering the appellant was not initially named in the FIR, no raid occurred at his establishment, he had been granted bail in two prior similar cases, and he had cooperated with investigation under interim protection from the Supreme Court since January 6, 2026. -- The Court applied principles governing anticipatory bail and found the appellant's custodial interrogation unnecessary given he was not initially named in the FIR, no raid targeted his business, he had been arrested and released on bail in previous similar cases, and he had fully cooperated with investigation without allegations of liberty misuse. -- The Supreme Court allowed the appeal, set aside the High Court's impugned order, and made the interim protection absolute by granting anticipatory bail with conditions of cooperation with investigation and trial, and non-influence of witnesses.
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Issue of Consideration: Whether the appellant is entitled to anticipatory bail in connection with FIR Crime No. 171 of 2025 registered under various sections of the Andhra Pradesh Excise Act, 1968
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Final Decision
The Supreme Court allowed the appeal, set aside the High Court's impugned order dated 5.12.2025, and granted anticipatory bail to the appellant with conditions to cooperate with investigation and trial and not influence witnesses
