Yes — and understanding this remedy fully is one of the most important things you can do if you sense criminal proceedings are approaching. Anticipatory bail under Section 482 of the BNSS (formerly Section 438 CrPC) is pre-arrest protection: a direction from the Court of Session or the High Court that, should the police arrest you in connection with a specified non-bailable accusation, you shall immediately be released on bail. You do not need to wait until you are actually arrested — a genuine and reasonable apprehension is enough to move the court.

In Patna's criminal landscape — where land disputes, business rivalries, political conflicts, and matrimonial breakdowns frequently generate FIRs — anticipatory bail applications are among the most heavily litigated remedies before the Patna Sessions Court and the Patna High Court. Courts across Bihar have consistently applied the Supreme Court's protective jurisprudence from Gurbaksh Singh Sibbia v. State of Punjab and Sushila Aggarwal v. State (NCT of Delhi): anticipatory bail is not a privilege but a right in genuine cases, it need not be limited in time, and conditions imposed must be proportionate. Recent Patna High Court orders in 2025 confirm that the court is alert to situations where informants retract or where the FIR appears to serve ulterior purposes, and it grants anticipatory bail robustly in such cases.

You do not even necessarily need a registered FIR. If the police have visited your home, if a complaint is being circulated in Patna against you, or if you have received a notice under Section 35 BNSS, a genuine apprehension sufficient to move the court arises. Only the Court of Session or the High Court can hear an anticipatory bail application — not the Magistrate. The Patna Sessions Court is the first step; if it refuses, the Patna High Court is the natural and well-used next level. Conditions typically imposed — availability for interrogation, no tampering with witnesses, no departure from India without permission under Section 480(3) BNSS — are manageable and are designed to protect the investigation rather than to punish you. The criminal lawyers and retired judges at the Patna panel of Aapka Legal Advice can assess your specific case and prepare the strongest application.

My plain advice: do not wait passively once you sense an arrest coming. Anticipatory bail filed before the police act gives you the strongest position and avoids the humiliation and disruption of custody.