Patna High Court directs Karnataka and Bihar governments to explain the legality and procedure of cross-state arrests, emphasizing adherence to Supreme Court guidelines
In a significant ruling delivered on September 3, 2026, the Patna High Court (Division Bench comprising Justices Rajeev Ranjan Prasad and Sunil Dutta Mishra) addressed the contentious issue of cross-state arrests by police officers without following proper legal protocols. The case arose from a petition filed by Shatrudhan Prasad Singh challenging the actions of Karnataka Police, who had taken two persons-Alok @ Ambani and Aman Kumar-into custody in Vaishali district of Bihar on August 12, 2026, without informing the local police or obtaining transit remand from a competent court.
The Court noted that such unilateral action by police officers of one state in another state's jurisdiction, without prior intimation or legal sanction, is a clear violation of the procedural mandates under the Criminal Procedure Code, 1973 (CrPC) and established Supreme Court guidelines. These guidelines are designed to safeguard the legal rights of the accused and ensure that the sovereignty of local jurisdiction and judicial oversight are respected.
Expressing serious concern over the violation, the Court ordered the addition of the State of Karnataka through its Chief Secretary and Director General of Police as additional respondents to the case. It directed the concerned authorities of both Bihar and Karnataka to file detailed affidavits explaining the entire sequence of events-how and why the two individuals were arrested, the procedures followed, their current whereabouts, and the judicial process, if any, pursued in connection with their detention.
The Patna High Court also mandated that notices be served to the newly added respondents through registered post and official email by September 5, 2026, to ensure accountability and prompt response. The Advocate General of Bihar was instructed to coordinate with his Karnataka counterpart to expedite the process. The case has been listed for further hearing on September 16, 2026.
This judgment underscores the judiciary's commitment to upholding legal safeguards against arbitrary police actions and reinforces the importance of interstate cooperation in criminal matters. It serves as a stern reminder to law enforcement agencies about the necessity of adhering strictly to the letter and spirit of the law, particularly in sensitive cases involving cross-border arrests.
Bottom Line:
Arrest of persons by police from another state without informing local police or obtaining transit remand is a violation of legal mandates and Supreme Court guidelines.
Statutory provision(s):
Criminal Procedure Code, 1973
Shatrudhan Prasad Singh v. State of Bihar, (Patna)(DB) : Law Finder Doc Id # 2975256
