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Manoj Kumar Mutta v. The State of Andhra Pradesh

Criminal Appeal · 2026 INSC 215Decided 10 Mar 2026
Crl.A. No.-001263-001263 - 2026 (arising out of SLP (Crl.) No.20419/2025)
Justice Prashant Kumar Mishra · Justice N.V. Anjaria

Background

Excise officials raided premises in Vijayawada and uncovered a spurious liquor manufacturing operation producing counterfeit versions of branded liquor using bottling and blending equipment. The appellant, a businessman dealing in plastic and aluminum bottle caps, was not named in the original FIR but was later added as an accused after co-accused persons and witnesses told investigators he had supplied plastic bottles and caps bearing government labels used to package the fake liquor, and records showed around 400 calls between him and another accused plus some financial transactions. The Andhra Pradesh High Court refused him anticipatory bail, and he appealed to the Supreme Court, which had earlier granted him interim protection from arrest.

Decision Breakdown

The Supreme Court allowed the appeal, set aside the High Court's refusal, and made its earlier interim protection absolute, granting anticipatory bail. It reasoned that the appellant was not initially named in the FIR, no raid was conducted at his own business premises, and neither of the raided locations (a general store and a restaurant/bar) belonged to him. The Court also noted he had previously been arrested and released on bail in two similar earlier cases with the same set of allegations, had appeared before the investigating officer as directed, and there was no allegation that he had misused the bail liberty already granted to him. Anticipatory bail was made subject to conditions that he must continue cooperating with the investigation and trial and must not influence witnesses.

Lesson Learnt

Anticipatory bail can be granted (and interim protection made permanent) where an accused was not originally named in the FIR, is only linked to the alleged crime through third-party statements and no raid occurred at their own premises, and where the person has consistently cooperated with the investigation and shown no history of misusing bail.

Official source (sci.gov.in)View Judgment (PDF)

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