When the Sessions Court rejects bail, the accused and the family usually want to know two things: is there another remedy, and where? The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) gives the High Court the same bail powers as the Court of Session. For cases from any district of Bihar, the next forum is the Patna High Court.
Which provision applies
- Already arrested, regular bail needed: Section 483 BNSS, "Special powers of High Court or Court of Session regarding bail" (old CrPC Section 439).
- Not yet arrested, fear of arrest: Section 482 BNSS, "Direction for grant of bail to person apprehending arrest", that is, anticipatory bail (old CrPC Section 438).
- Bail in a non-bailable offence before the Magistrate: Section 480 BNSS (old CrPC Section 437).
The section correspondence above is taken from the CrPC–BNSS comparison table published by the Government of Tripura. The Sessions Court and the High Court share the power under Sections 482 and 483. In practice, a petition reaches the High Court after the Sessions Court has refused relief.
An example
This is an imaginary example to explain the procedure; it is not a real case.
Ravi, a resident of Gaya, is arrested in an FIR and sent to jail. His bail application is rejected by the Sessions Court at Gaya. His family has two questions: where to go now, and what to collect.
- Where: Ravi is already in custody, so the remedy is regular bail under Section 483 BNSS before the Patna High Court.
- What to collect: the FIR, a certified copy of the Sessions Court's rejection order, a custody certificate from the jail, and the chargesheet if it has been filed.
- What the petition must do: answer the reasons given by the Sessions Court for rejecting bail, with the facts on record.
- After filing: the family can follow listing dates and orders on the Patna High Court Case Status page.
If Ravi had not yet been arrested and only feared arrest, the remedy would instead be anticipatory bail under Section 482 BNSS.
Bail can also be cancelled
A person released on bail can be taken back into custody if the court cancels the bail. That is why the bail conditions in the order should be followed strictly.
Documents to keep ready
- Copy of the FIR
- Certified copy of the Sessions Court order rejecting bail (orders can be seen on the eCourts services portal)
- Custody certificate from the jail, for regular bail
- Chargesheet, if filed
- Details of any other case against the accused
- Identity proof of the accused
What decides a bail petition
The court looks at the facts of each case: the offence alleged and the role given to the accused, the material collected, the period in custody, the stage of investigation or trial, and criminal antecedents. A petition should answer the reasons the Sessions Court gave for rejecting bail.
Tracking the case
After filing, the status, listing dates and orders of the case can be seen on the Case Status page of the Patna High Court website.
Frequently asked questions
Sessions Court rejected bail. What next?
A petition can be filed in the Patna High Court: Section 483 BNSS for regular bail, Section 482 BNSS for anticipatory bail.
Is the High Court's power the same as the Sessions Court's?
Yes. Sections 482 and 483 BNSS give the power to both the High Court and the Court of Session.
How long does it take?
It depends on listing and the facts of the case. No fixed time can be given.
Where can I see my case status?
On the Patna High Court website (patnahighcourt.gov.in) under Case Status. Sessions Court orders can be seen 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: Criminal Defence in Patna · Patna High Court guide · BNS, BNSS and BSA guide
Official sources (links checked 4 November 2026): BNSS, 2023 (India Code) · CrPC–BNSS comparison (Govt. of Tripura) · Patna High Court · eCourts Services
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