Patna HC Flags Karnataka Police's Alleged Failure to Follow Transit Remand Procedure After Arrests in Vaishali
A Division Bench of the Patna High Court has issued urgent notice to Karnataka's Chief Secretary and DGP after two Bihar residents were allegedly taken away without transit remand or local police intimation.
On 3 September 2026, a Division Bench of the High Court of Judicature at Patna — comprising Justice Rajeev Ranjan Prasad and Justice Sunil Dutta Mishra — took up a criminal writ petition alleging that Karnataka Police had removed two persons from the district of Vaishali in Bihar without following the procedural safeguards mandated by law and by Supreme Court guidelines on inter-state arrests. The Bench directed urgent notice to the State of Karnataka through its Chief Secretary and Director General of Police, and fixed an early hearing date, signalling that the allegations warranted prompt examination by both state governments.
The Alleged Inter-State Custody Without Procedural Compliance
The writ petition, filed by Shatrudhan Prasad Singh, sets out that two persons — Alok @ Ambani and Aman Kumar — were taken into custody within Vaishali district, Bihar, by personnel of the Karnataka Police. This occurred on 12 August 2026.
According to the petitioner, Karnataka Police did not inform the local police station before taking the two men away. Equally, no transit remand was obtained from the competent court having jurisdiction over the place where the persons were actually held. The petition contends that this conduct departed from the guidelines laid down by the Supreme Court of India governing the manner in which police from one state may take custody of persons found in another state.
Mr. Prafulla and Mr. Aayush Abhishek appeared for the petitioner. The State of Bihar was represented by the Advocate General, Mr. S.D. Sanjay, assisted by Mr. Mohit Agarwal and Mr. Shashwat Agarwal.
The Bench's Reading of the Petition
Justice Rajeev Ranjan Prasad, writing the oral order on behalf of the Division Bench, noted on a perusal of the writ application that two persons had been taken into custody in Bihar by Karnataka Police and that the petitioner's case was that this happened without following the mandate of law and the Supreme Court's guidelines. The order records specifically that neither the local police station was informed nor was transit remand taken from the competent court within whose jurisdiction the persons were in custody.
The Bench directed that the State of Karnataka through its Chief Secretary and its Director General of Police be formally added as Respondent Nos. 5 and 6 in the proceedings.
Directions Issued
The Bench issued notice to the newly added respondents — the Chief Secretary and the DGP, Karnataka — by registered post. The petitioner was required to file requisites and other necessary documents by 5 September 2026. Simultaneously, the court directed that notice also be sent through official email to ensure prompt receipt.
The Advocate General of Bihar was directed to communicate the court's action to his counterpart, the Advocate General of Karnataka, by the day after the order, that is, by 5 September 2026.
Treating the matter as urgent, the Bench called upon both states to file affidavits disclosing: the manner in which and the reasons for which the two persons were taken away; their current whereabouts; and whatever judicial process, if any, was followed in connection with their arrest.
Outcome
The matter has been listed for 16 September 2026 under the same heading and maintaining its position on the board. The Bench's direction that both Bihar and Karnataka file affidavits covering the full narrative of the arrests — including whereabouts and any judicial process — makes the next date significant for determining whether the legal safeguards on inter-state arrests were observed on 12 August 2026.