An FIR has been lodged in Bihar and your name is in it. You have not been arrested yet, but you fear the police may come. The law gives a way to ask a court, in advance, that if you are arrested you be released on bail. This is called anticipatory bail. This guide explains it in simple words.
First, learn these words
- FIR: the first written report of a crime at the police station.
- Arrest: the police taking a person into custody.
- Anticipatory bail: a court order made before arrest, saying the person will be released on bail if arrested.
- Sessions Court: the senior criminal court of the district.
- Bail bond and surety: a written promise to appear in court, backed by persons (sureties) who stand guarantee.
- Surrender: going to the court yourself, as the order says.
Which law applies
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), "Direction for grant of bail to person apprehending arrest". It replaced Section 438 of the old CrPC, as shown in the CrPC–BNSS comparison table of the Government of Tripura. Under it, a person who fears arrest "may apply to the High Court or the Court of Session".
Sessions Court first, usually
Both courts have the power, but the Patna High Court usually expects the Sessions Court to be approached first. In Nirmala Devi v. State of Bihar, Cr. Misc. No. 14855 of 2025, decided on 18 July 2025, the High Court found no special circumstances to skip the Sessions Court and dismissed the petition "with the liberty to the petitioners to first approach the Court of Sessions". If the Sessions Court refuses, the petition can then be filed in the Patna High Court. If you have already been arrested, read about bail after rejection by the Sessions Court.
What a High Court order can look like
In Mangali Devi v. State of Bihar, Cr. Misc. No. 33213 of 2025, decided on 27 August 2025, the Patna High Court allowed anticipatory bail. The petitioners were to surrender before the court below within eight weeks and furnish bail bonds of Rs. 10,000 each with two sureties, subject to the conditions in Section 482(2) BNSS. The order also said bail can be cancelled if criminal antecedents were hidden or the statement about an earlier bail petition was wrong. So every fact in the petition must be true.
What to do, step by step
- Get the FIR details: police station, case number, year and sections.
- Apply in the Sessions Court of the district first, under Section 482 BNSS.
- If refused: get the certified copy of that order. Orders can be seen on the eCourts portal: https://services.ecourts.gov.in/
- File in the Patna High Court with the FIR, the Sessions Court order, and true details of any earlier bail petition and any other case.
- After the order: surrender within the time given, furnish the bail bonds, and follow every condition.
- Track the case on the Case Status page of the Patna High Court: https://patnahighcourt.gov.in/
An imaginary example
Sunil (an imaginary name) lives in Saran. After a land quarrel, an FIR names him and his brothers. He fears arrest. First he applies to the Sessions Court at Chhapra, which rejects his petition. His advocate then files a petition under Section 482 BNSS in the Patna High Court with the FIR and the rejection order. If the High Court allows it, the order may tell him to surrender before the court below within a fixed time and give bail bonds with sureties. He must then follow every condition.
Every case depends on its own facts. No result can be promised.
Frequently asked questions
Can I go straight to the Patna High Court for anticipatory bail?
Section 482 BNSS allows both the High Court and the Sessions Court. But in Nirmala Devi v. State of Bihar (2025) the Patna High Court asked the petitioners to first approach the Sessions Court, as no special circumstances were shown.
Which section gives anticipatory bail now?
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It replaced Section 438 of the old CrPC.
What conditions can the court put?
In Mangali Devi v. State of Bihar (2025) the court asked for surrender before the court below within eight weeks, bail bonds of Rs. 10,000 with two sureties, and the conditions of Section 482(2) BNSS. Conditions differ in every case.
Where can I see my case status?
On the Patna High Court website (patnahighcourt.gov.in) under Case Status. Sessions Court orders are on the eCourts portal.
This article is general information and is not legal advice or solicitation, in accordance with the rules of the Bar Council of India.
Related on this site: Bail after rejection by the Sessions Court · 498A compromise and quashing · Criminal Defence in Patna
Official sources (links checked 12 November 2026): BNSS, 2023 (India Code) · CrPC–BNSS comparison (Govt. of Tripura) · Patna HC, Cr. Misc. 14855/2025 · Patna HC, Cr. Misc. 33213/2025 · Patna High Court · eCourts Services
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