Introduction

A person may sometimes discover that an FIR has been registered against him in another State while he is residing, working or travelling in a completely different jurisdiction.

This creates an immediate practical problem.

Suppose a person residing in Chandigarh learns that an FIR has been registered against him in Delhi. Or a person residing in Punjab learns that a criminal case has been registered in Rajasthan, Haryana, Uttar Pradesh or another State.

The accused may genuinely apprehend arrest but may not be able to immediately travel to the State where the FIR has been registered and approach the concerned Sessions Court or High Court.

This is where the concept of transit anticipatory bail becomes important.

Transit anticipatory bail is generally understood as a limited form of interim protection granted by a court in a jurisdiction different from the jurisdiction where the FIR has been registered, allowing the accused sufficient protection and time to approach the competent court having territorial jurisdiction over the criminal case.

The Supreme Court has recognised this judicial mechanism.

In Priya Indoria v. State of Karnataka, 2023, the Supreme Court held that a Court of Session or High Court can entertain a plea for limited anticipatory bail even where the FIR has been registered outside its territorial jurisdiction and can, depending upon the facts, grant transit anticipatory bail for a limited period so that the accused can approach the competent court.

This principle has continuing practical importance for lawyers dealing with inter-state criminal cases.

A 2026 Supreme Court matter also demonstrates the continuing relevance of transit anticipatory bail. In that matter, the accused had obtained transit anticipatory bail from the Telangana High Court in connection with an FIR in Assam, after which proceedings ultimately came before the Supreme Court.

This article explains the concept, jurisdiction, procedure and practical strategy involved in seeking transit anticipatory bail in India.

What Is Transit Anticipatory Bail?

Transit anticipatory bail is a form of limited pre-arrest protection granted to an accused who apprehends arrest in a criminal case registered outside the territorial jurisdiction of the court approached by the accused.

Its practical purpose is straightforward.

It gives the accused sufficient protection to travel to and approach the court that has jurisdiction over the FIR.

For example:

FIR registered in Delhi → accused residing in Chandigarh → accused apprehends arrest → accused approaches competent court in Chandigarh for limited transit protection → court considers whether temporary protection should be granted → accused approaches the competent Delhi court for regular anticipatory bail.

Transit anticipatory bail is therefore generally temporary and limited in duration.

It is not normally intended to substitute the final anticipatory bail order that should be considered by the court having jurisdiction over the criminal case.

Is Transit Anticipatory Bail Specifically Defined in the Statute?

The expression “transit anticipatory bail” does not appear as a separate statutory category in the manner in which regular bail and anticipatory bail are described.

It is a judicially developed mechanism arising from the court’s power to protect personal liberty and provide meaningful access to justice.

The Supreme Court has recognised that the absence of a statutory definition does not prevent courts from granting limited protection in appropriate circumstances.

The Supreme Court’s 2023 decision specifically discussed the concept and recognised transit anticipatory bail as an interim protection of limited duration.

Anticipatory Bail vs Transit Anticipatory Bail

These two concepts should not be confused.

Anticipatory Bail

Anticipatory bail is protection against arrest granted under the applicable statutory framework to a person who apprehends arrest in connection with a non-bailable offence.

Under the BNSS framework, the relevant provision is Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Transit Anticipatory Bail

Transit anticipatory bail is generally a temporary and limited protection granted by a court outside the territorial jurisdiction of the FIR, enabling the accused to approach the competent court.

The Supreme Court has described transit anticipatory bail as interim protection for a limited duration until the accused approaches the competent Sessions Court or High Court for full-fledged anticipatory bail.

Why Is Transit Anticipatory Bail Necessary?

Without such protection, an accused could face a serious practical difficulty.

Suppose an individual living in Chandigarh discovers that an FIR has been registered in Mumbai.

If the police from Mumbai seek to arrest the person in Chandigarh, the accused may have to travel to Mumbai to seek anticipatory bail.

But travelling to the State where the FIR is registered may expose the accused to the very arrest that he is trying to prevent.

Transit protection addresses this difficulty.

It can provide a limited window during which the accused can approach the competent court.

This is particularly important where:

• The accused is residing in another State.
• The FIR is registered far from the accused’s place of residence.
• There is an immediate apprehension of arrest.
• The accused needs reasonable time to obtain legal representation.
• The accused intends to approach the competent court without delay.

Supreme Court Judgment: Priya Indoria v. State of Karnataka

The leading Supreme Court judgment on this issue is Priya Indoria v. State of Karnataka, decided on 20 November 2023.

The Supreme Court considered the question whether a High Court or Court of Session could grant limited anticipatory bail where the FIR had been registered outside its territorial jurisdiction.

The Court recognised that denying every form of protection merely because the FIR was registered elsewhere could create serious difficulties concerning access to justice and personal liberty.

The Supreme Court held that a Court of Session or High Court can entertain a plea for limited anticipatory bail even when the FIR is outside its territorial jurisdiction, depending upon the facts.

The court may, at the least, consider granting transit anticipatory bail, which operates for a limited period until the accused approaches the competent court.

This is one of the most important authorities for lawyers dealing with inter-state criminal proceedings.

What Did the Supreme Court Say About Territorial Jurisdiction?

Territorial jurisdiction remains important in criminal proceedings.

Ordinarily, the court having jurisdiction over the offence is the appropriate court to consider substantive relief.

However, the Supreme Court recognised that territorial jurisdiction cannot be applied in a manner that completely defeats access to justice for a person apprehending arrest.

The Court explained that a court outside the FIR jurisdiction can, depending upon the facts, consider limited anticipatory bail or transit protection.

This is a carefully balanced approach.

The court outside the FIR jurisdiction does not necessarily assume unlimited jurisdiction over the criminal prosecution.

Instead, it can provide temporary protection enabling the accused to approach the competent court.

Is Transit Anticipatory Bail a Full Anticipatory Bail Order?

Generally, no.

Transit anticipatory bail is ordinarily limited in:

• Duration
• Purpose
• Scope
• Territorial effect

Its objective is usually to protect the accused for sufficient time to approach the court having jurisdiction over the FIR.

The competent court can then consider the substantive anticipatory bail application on its own merits.

The Supreme Court specifically described transit anticipatory bail as interim protection of limited duration.

How Long Does Transit Anticipatory Bail Last?

There is no universal fixed period applicable to every case.

The duration depends upon the facts and the order passed by the court.

The court may grant protection for a period considered sufficient for the accused to approach the competent court.

The order may therefore specify:

• A particular number of days.
• A particular date.
• Protection until appearance before the competent court.
• Protection subject to specified conditions.

The accused must carefully comply with the exact terms of the order.

What Happens After Transit Anticipatory Bail Is Granted?

The accused should ordinarily approach the competent court without unnecessary delay.

The sequence may be:

FIR in another State

↓

Apprehension of arrest

↓

Transit anticipatory bail application

↓

Limited protection granted

↓

Travel to the FIR State

↓

Application for anticipatory bail before competent court

↓

Competent court decides anticipatory bail on merits

Transit protection should not be treated as an excuse for delaying proceedings.

The accused should use the protection for the purpose for which it was granted.

Can Transit Anticipatory Bail Be Granted Before an FIR Is Registered?

This is a fact-sensitive question.

Anticipatory bail itself concerns an apprehension of arrest in connection with an offence.

Where no FIR has been registered, the court must examine the material showing the basis of the apprehension.

The Supreme Court has recognised that anticipatory bail jurisprudence can operate in circumstances where the apprehension of arrest is genuine, but the exact relief depends upon the factual circumstances.

A practitioner should therefore avoid assuming that every general threat of arrest automatically entitles a person to transit protection.

There must be a legally sustainable basis for the apprehension.

Can a Person in Chandigarh Obtain Transit Anticipatory Bail for an FIR in Another State?

Yes, subject to the facts and the discretion of the competent High Court or Court of Session.

For example:

Person residing in Chandigarh → FIR registered in Rajasthan → apprehension of arrest in Chandigarh → transit anticipatory bail may be sought before the appropriate court in the local jurisdiction → if protection is granted, accused approaches competent Rajasthan court.

The Supreme Court’s reasoning in Priya Indoria supports consideration of such limited protection in appropriate circumstances.

Transit Anticipatory Bail in Punjab and Haryana

For lawyers practising in Chandigarh, Punjab and Haryana, transit anticipatory bail can become relevant where an accused is facing proceedings registered outside the jurisdiction.

Common examples may involve FIRs registered in:

• Delhi
• Himachal Pradesh
• Rajasthan
• Uttar Pradesh
• Jammu and Kashmir
• Uttarakhand
• Maharashtra
• Gujarat
• Rajasthan
• Other States

The accused may be residing or working in Chandigarh, Mohali, Panchkula or elsewhere in Punjab and Haryana.

The appropriate forum must be determined from the facts and the applicable jurisdictional principles.

Transit Anticipatory Bail in Matrimonial Cases

Inter-state matrimonial disputes frequently create situations where transit protection may become relevant.

For example, spouses may have:

• Married in Chandigarh.
• Resided in Delhi.
• Subsequently moved to another State.
• Filed complaints at different locations.
• Initiated proceedings under different statutes.

A matrimonial dispute can therefore generate criminal proceedings outside the present residence of one spouse.

If a person learns that an FIR has been registered in another State and genuinely apprehends arrest, the possibility of seeking transit protection may need to be examined.

However, the mere existence of a matrimonial dispute does not automatically justify transit anticipatory bail.

The court will examine the allegations, FIR, circumstances and nature of the apprehension.

Transit Anticipatory Bail in 498A-Type Cases

Although the legal framework has changed from the old IPC provisions to the present criminal law regime, matrimonial criminal allegations continue to generate inter-state arrest concerns.

For example, a person residing in Chandigarh may be accused in a matrimonial FIR registered in another State.

In such a situation, immediate legal steps can be important.

The defence lawyer should obtain:

• FIR
• Sections invoked
• Police station details
• Date of FIR
• Complaint preceding FIR
• Notices issued by police
• Any arrest-related communication
• Previous court proceedings

The lawyer can then assess whether transit protection is appropriate.

Transit Anticipatory Bail in Cyber Crime Cases

Cybercrime allegations frequently have an inter-state element.

A person may be living in one State while the alleged victim, bank account, transaction, server or police investigation is connected with another State.

An accused may therefore face the possibility of arrest by an investigating agency located far from his residence.

The same basic question arises:

Can the person obtain limited protection before approaching the competent court?

Depending upon the facts, transit anticipatory bail may become an important remedy.

Transit Bail in Cases Involving Multiple FIRs

The Supreme Court’s 2023 judgment also discussed situations involving multiple FIRs registered in different States.

The Court recognised the practical difficulty that could arise if an accused were required to physically move from State to State merely to seek protection.

However, multiple FIR situations are legally complex.

Each FIR may involve:

• Different allegations
• Different offences
• Different investigating agencies
• Different factual transactions
• Different territorial jurisdictions

The relief available in one proceeding may not automatically protect the accused in another independent FIR.

A lawyer must therefore identify each proceeding separately.

Can One Transit Anticipatory Bail Order Protect Against Every FIR?

Generally, no automatic universal protection should be assumed.

If multiple independent FIRs exist in different States, each proceeding must be examined.

The Supreme Court itself considered the problem of multiple FIRs and interstate proceedings in Priya Indoria.

The scope of the order depends upon its language and the facts before the court.

A practitioner should therefore read the operative portion carefully.

What Factors Does the Court Consider?

A court considering transit anticipatory bail may examine circumstances such as:

1. Genuine Apprehension of Arrest

Is there a real and reasonable apprehension?

2. Nature of the Allegations

What offence has been alleged?

3. Location of FIR

Where has the FIR been registered?

4. Residence of the Applicant

Where does the applicant ordinarily reside?

5. Connection With the Jurisdiction

Does the applicant have any connection with the FIR State?

6. Conduct of the Applicant

Has the applicant cooperated with investigation?

7. Criminal Antecedents

Are there relevant previous cases?

8. Need for Immediate Protection

Is there an imminent possibility of arrest?

9. Intention to Approach Competent Court

Will the applicant promptly approach the court having jurisdiction?

These factors are not an exhaustive checklist.

The court considers the circumstances of each case.

What Documents Should Be Prepared?

A transit anticipatory bail application should normally be supported by relevant documents.

Depending upon the case, these may include:

• FIR
• Complaint
• Police notice
• Summons
• Arrest notice
• Any communication from investigating agency
• Identity proof
• Proof of residence
• Previous court orders
• Medical documents where relevant
• Documents showing local residence or employment
• Documents demonstrating the applicant’s connection with the local jurisdiction

The exact documents depend upon the case.

Why Proof of Residence Can Be Important

Suppose an FIR is registered in another State but the accused is permanently residing in Chandigarh.

Proof of residence may help establish the practical circumstances underlying the application.

Relevant documents may include:

• Rent agreement
• Electricity bill
• Employment documents
• Aadhaar or other identity documents
• Property documents
• Office records

The purpose is not to create jurisdiction artificially.

Rather, it helps the court understand why the applicant is seeking limited protection from the local jurisdiction before approaching the competent court elsewhere.

What Should the Application Contain?

A well-prepared transit anticipatory bail application should normally state:

Applicant’s Details

Name, address and relevant background.

FIR Details

Police station, State, FIR number, date and sections.

Apprehension of Arrest

Why the applicant genuinely fears arrest.

Territorial Circumstances

Why the applicant is approaching the present court.

Merits

Relevant circumstances showing why interim protection is appropriate.

Undertaking

The applicant’s intention to approach the competent court within the time granted.

Prayer

A specific request for limited protection for an appropriate period.

Can the Court Examine the Merits of the FIR?

The court considering transit anticipatory bail may examine the circumstances sufficiently to determine whether limited protection should be granted.

However, the substantive anticipatory bail application is ordinarily to be considered by the competent court having jurisdiction over the FIR.

The scope of examination depends upon the relief sought and the circumstances.

The purpose of transit protection is generally not to conduct the complete anticipatory bail hearing on merits in a jurisdiction that does not ordinarily control the criminal proceeding.

Does Transit Bail Mean the FIR Is Stayed?

No.

Transit anticipatory bail does not ordinarily stay the FIR or terminate the investigation.

The investigation can continue subject to the protection granted by the court.

The accused remains subject to the criminal process.

The limited protection is against arrest for the period and within the scope specified in the order.

Does Transit Anticipatory Bail Stop Investigation?

No.

Grant of transit protection does not ordinarily prevent the investigating agency from continuing its investigation.

The accused may still be required to cooperate in accordance with law and the conditions imposed by the court.

The protection primarily concerns arrest during the limited period.

Can the Police Question the Accused After Transit Bail?

Depending upon the terms of the order, the accused may be required to cooperate with investigation.

The court can impose conditions concerning appearance, cooperation and other matters.

Therefore, transit anticipatory bail should not be misunderstood as immunity from investigation.

Conditions That May Be Imposed

A court may impose conditions such as:

• Joining investigation.
• Appearing before the investigating officer.
• Not leaving the country.
• Providing contact details.
• Cooperating with investigation.
• Not influencing witnesses.
• Not tampering with evidence.
• Appearing before the competent court within the specified period.

The exact conditions depend upon the order.

What If the Applicant Does Not Approach the Competent Court?

This can create serious complications.

Transit anticipatory bail is granted for a limited purpose.

If the accused does not approach the competent court within the period granted, the protection may expire.

The applicant may then again become exposed to arrest subject to the law.

A person obtaining transit protection should therefore immediately prepare the substantive anticipatory bail application before the competent court.

Can Transit Anticipatory Bail Be Extended?

There is no automatic right to extension.

If the court has granted a fixed period and the applicant needs additional time, an appropriate application may need to be filed explaining the circumstances.

The court will decide whether extension is justified.

The safest approach is to avoid waiting until the last day.

What Happens When Transit Protection Expires?

Once the protection period expires, the accused must rely upon whatever relief has been granted by the competent court.

If the substantive anticipatory bail application is pending, the applicant should carefully examine the procedural position and seek appropriate orders.

The original transit order should be read carefully because its duration and conditions control the protection granted.

Can Transit Anticipatory Bail Be Challenged?

Yes.

An order granting transit anticipatory bail can be challenged by an aggrieved State or party in an appropriate proceeding.

The 2026 Supreme Court matter mentioned above involved a challenge by the State to transit anticipatory bail granted by the Telangana High Court in connection with an FIR in Assam. The Supreme Court subsequently dealt with the procedural history and directed the applicant to pursue anticipatory bail before the competent court in Assam.

This demonstrates that transit protection remains subject to judicial scrutiny.

2026 Supreme Court Development

A significant 2026 Supreme Court matter involved an accused facing proceedings in Assam who had obtained transit anticipatory bail from the Telangana High Court.

The State challenged that order before the Supreme Court.

The Supreme Court initially stayed the operation of the Telangana High Court order. Subsequently, the proceedings were disposed of with liberty to the accused to seek anticipatory bail before the competent court in Assam. The Court also directed that the competent court should decide the matter uninfluenced by the earlier observations.

The case illustrates an important practical point:

Transit anticipatory bail is not the final determination of anticipatory bail on merits.

The competent court retains an important role in deciding substantive protection.

Transit Anticipatory Bail and Access to Justice

The jurisprudence surrounding transit protection is closely connected with personal liberty and access to justice.

The Supreme Court in Priya Indoria observed that an overly restrictive territorial approach could result in serious prejudice to a person apprehending arrest and could create difficulties in accessing justice.

The concept therefore attempts to balance:

Territorial jurisdiction

with

Protection of personal liberty

and

Practical access to the competent court.

Can a High Court Grant Transit Anticipatory Bail for an FIR Outside Its State?

Yes, depending upon the facts.

The Supreme Court has expressly recognised that a High Court or Court of Session can consider limited anticipatory protection even where the FIR has been registered outside its territorial jurisdiction.

However, the relief should be understood as limited and temporary where it is granted as transit anticipatory bail.

Can a Sessions Court Grant Transit Anticipatory Bail?

The Supreme Court’s reasoning in Priya Indoria refers to both the Court of Session and High Court.

Therefore, the possibility of seeking limited protection from a Sessions Court can arise depending upon the applicable jurisdictional circumstances and local practice.

The appropriate forum should be determined after examining:

• Where the accused is located.
• Where the FIR is registered.
• The applicable statutory framework.
• The nature of the offence.
• The urgency of arrest.
• The territorial jurisdiction available.

Transit Anticipatory Bail Under the BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure from 1 July 2024.

The present statutory provision dealing with anticipatory bail is Section 482 BNSS.

Transit anticipatory bail remains primarily a judicially developed mechanism concerning limited protection where the FIR is outside the territorial jurisdiction of the court approached.

Accordingly, practitioners dealing with current cases should use the BNSS framework while also relying upon applicable Supreme Court jurisprudence concerning transit protection.

Practical Example: FIR in Delhi, Applicant in Chandigarh

Consider the following situation.

A person permanently residing in Chandigarh learns that a criminal FIR has been registered in Delhi.

The person receives information that the Delhi police may arrest him.

He cannot safely travel to Delhi without first seeking protection.

The lawyer may examine whether a transit anticipatory bail application can be filed before the appropriate court in Chandigarh.

If limited protection is granted, the applicant can use the period to approach the competent Delhi court for anticipatory bail.

The Delhi court can then decide the substantive bail application according to law.

Practical Example: FIR in Punjab, Applicant in Rajasthan

The same principle can operate in the opposite direction.

Suppose an FIR is registered in Punjab while the accused is residing in Rajasthan.

The accused may approach the appropriate court in Rajasthan for transit protection, depending upon the circumstances.

If granted, the accused can approach the competent Punjab court within the period specified.

Practical Example: Matrimonial FIR in Another State

A husband resides in Chandigarh.

His wife resides in another State and files a criminal complaint there.

An FIR is registered against the husband.

The husband apprehends arrest.

Instead of immediately travelling to the State where the FIR is registered, his lawyer examines whether transit anticipatory bail is appropriate.

The application would explain:

• The applicant’s residence.
• FIR details.
• Nature of allegations.
• Apprehension of arrest.
• Existing proceedings.
• Criminal antecedents.
• Willingness to approach the competent court.

If the court grants limited protection, the husband can then seek substantive anticipatory bail before the court having jurisdiction over the FIR.

Common Mistakes in Transit Anticipatory Bail Applications

Mistake 1: Treating Transit Bail as Final Bail

Transit protection is ordinarily limited.

Mistake 2: Failing to Explain the Apprehension of Arrest

The application should explain why arrest is reasonably apprehended.

Mistake 3: Not Attaching the FIR

The court should be given sufficient material to understand the allegations.

Mistake 4: Concealing Criminal Antecedents

All material facts should be disclosed appropriately.

Mistake 5: Seeking Excessively Long Protection

The prayer should be realistic and connected to the purpose of approaching the competent court.

Mistake 6: Delaying the Main Bail Application

Once protection is granted, the substantive anticipatory bail application should be pursued promptly.

Mistake 7: Ignoring the Exact Conditions

Every condition in the transit order must be followed.

Transit Anticipatory Bail Checklist

Before filing, a lawyer should ask:

FIR

• Where is the FIR registered?
• Which police station?
• What sections are invoked?
• What allegations are made?

Applicant

• Where does the applicant reside?
• Is the residence genuine and documented?
• Does the applicant have criminal antecedents?

Arrest

• Why is arrest apprehended?
• Has police contacted the applicant?
• Has a notice been issued?
• Has anyone else been arrested?

Jurisdiction

• Why is the present court being approached?
• What is the connection of the applicant with this jurisdiction?
• What court will have substantive jurisdiction?

Strategy

• What period of protection is reasonably required?
• How quickly can the applicant approach the competent court?
• What conditions can reasonably be offered?

Why Immediate Legal Advice Matters

When a person learns about an FIR registered in another State, delay can create unnecessary complications.

The first task should be to obtain the FIR and determine:

What is alleged?

Where is the FIR registered?

What sections are invoked?

Is arrest actually apprehended?

Which court has jurisdiction?

Can transit protection be sought?

How quickly can substantive anticipatory bail be filed?

A lawyer should not rely merely on verbal information about an FIR.

The actual FIR and relevant police or court documents should be examined.

Frequently Asked Questions

What is transit anticipatory bail?

Transit anticipatory bail is generally a limited form of pre-arrest protection granted by a court outside the jurisdiction where the FIR is registered, enabling the accused to approach the competent court for substantive anticipatory bail.

Is transit anticipatory bail recognised by the Supreme Court?

Yes. In Priya Indoria v. State of Karnataka, the Supreme Court recognised that a High Court or Court of Session can consider limited anticipatory bail and, depending upon the circumstances, grant transit anticipatory bail even where the FIR is outside its territorial jurisdiction.

Is transit anticipatory bail permanent?

Generally, no. It is ordinarily limited in duration and intended to provide sufficient time for the accused to approach the competent court.

Can I get transit anticipatory bail in Chandigarh for an FIR registered in another State?

Depending upon the facts, such relief can be sought before the appropriate court having jurisdiction over the applicant’s present location.

Does transit anticipatory bail stop the FIR?

No. It does not ordinarily quash or stay the FIR.

Does transit bail stop investigation?

No. Investigation can generally continue subject to the terms of the court’s order.

What happens after transit anticipatory bail is granted?

The accused should approach the competent court where the FIR is registered and seek substantive anticipatory bail within the period specified by the transit order.

Can transit anticipatory bail be granted for matrimonial FIRs?

It can be considered where the facts justify such protection. The nature of the matrimonial dispute, allegations, FIR and apprehension of arrest must be examined.

Can transit anticipatory bail be granted in cybercrime cases?

Depending upon the facts and the genuine apprehension of arrest, transit protection may be considered where the FIR is registered in another State.

Can the State challenge transit anticipatory bail?

Yes. A transit anticipatory bail order can be challenged in an appropriate proceeding. A 2026 Supreme Court matter involved a State challenge to transit protection granted by the Telangana High Court in relation to an FIR in Assam.

Can one transit bail order cover multiple FIRs?

Not automatically. Each FIR and the exact wording and scope of the court order must be examined.

Is territorial jurisdiction completely irrelevant for anticipatory bail?

No. Territorial jurisdiction remains an important principle. The Supreme Court’s approach allows limited protection in appropriate circumstances without eliminating the role of the competent court having jurisdiction over the FIR.

Conclusion

Transit anticipatory bail serves an important practical purpose in India’s criminal justice system.

Criminal proceedings are frequently interstate in nature. A person may live in Chandigarh, Mohali or Panchkula while an FIR is registered in Delhi, Rajasthan, Himachal Pradesh, Uttar Pradesh or another State.

Requiring that person to travel to the FIR State without any opportunity to seek interim protection can create a serious practical problem where arrest is genuinely apprehended.

The Supreme Court’s decision in Priya Indoria v. State of Karnataka provides important guidance. It recognises that a High Court or Court of Session can, depending upon the circumstances, consider limited anticipatory bail even where the FIR is outside its territorial jurisdiction and can grant transit protection enabling the accused to approach the competent court.

The 2026 Supreme Court proceedings concerning transit anticipatory bail between Telangana and Assam further demonstrate that the issue remains practically relevant in contemporary criminal litigation.

Transit anticipatory bail should therefore be understood as a bridge to the competent court, not as a substitute for substantive anticipatory bail.

The correct strategy is usually:

Obtain the FIR → assess the apprehension of arrest → identify the appropriate local forum → seek limited transit protection where justified → promptly approach the competent court → seek substantive anticipatory bail.

Why Choose Advocate Mayank Dhingra?

Advocate Mayank Dhingra practices criminal litigation before the Punjab & Haryana High Court at Chandigarh and the subordinate courts in Chandigarh and the surrounding region.

Inter-state criminal matters require careful assessment of territorial jurisdiction, FIR allegations, arrest apprehension, procedural history and the appropriate forum for seeking protection.

Each transit anticipatory bail matter is fact-specific. The FIR, relevant documents and applicable judicial precedents should be examined before deciding the appropriate legal strategy.

Legal Disclaimer: This article is intended for general legal information and educational purposes only. It does not constitute legal advice and does not create an advocate-client relationship. Transit anticipatory bail is a fact-specific judicial remedy. The applicable statutory provisions, territorial jurisdiction and latest judicial decisions should be examined before taking legal action in any particular case.