When the High Court is approached
Bail and anticipatory bail applications are generally filed first before the Sessions Court. If rejected, an application may be filed before the Patna High Court. The High Court has concurrent jurisdiction, but ordinarily expects the Sessions Court to be approached first.
How the petition is filed
Bail and anticipatory bail petitions are registered as criminal miscellaneous (Cr.Misc.) cases. The petition sets out the facts, the reasons for bail and the orders of the lower courts.
Case diary and the State’s response
The State, through the Public Prosecutor, may obtain the case diary and file a response. The informant may also be heard in certain cases.
Documents commonly needed
- Certified copy of the Sessions Court rejection order
- Copy of the FIR and any chargesheet
- Custody certificate where the accused is in jail
- Details of criminal antecedents, if any
After bail is granted
Bail bonds are furnished before the trial court. The conditions must be followed strictly, since breach may lead to cancellation under Section 483(3) BNSS.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
This article is general legal information, not legal advice. It does not create an advocate–client relationship. Legal provisions referred to should be verified for your specific situation and the date of the events concerned.