Anticipatory bail process in Bangladesh: from the High Court Division to surrender and regular bail
The anticipatory bail process in Bangladesh allows a person who fears arrest in a criminal case to appear in person before the High Court Division under section 498 of the Code of Criminal Procedure and obtain bail for a limited period, before any arrest. The Appellate Division treats this as an extraordinary remedy.
It must be time-bound, and the accused must then surrender before the lower court, which decides regular bail. This journey covers eligibility, filing, the hearing, the surrender, regular bail, cancellation and the routes to the Appellate Division.
- Where it starts
- High Court Division (criminal miscellaneous jurisdiction, bench assigned by the Chief Justice); the Court of Session…
- Main law
- Code of Criminal Procedure 1898 ss.496-498, 499, 561A (as amended by Act XI of 2026); Constitution Arts 103, 105, 111; State v…
- Typical duration
- Indicative 1-4 weeks from instruction to hearing in the High Court Division, followed by a protected period that is…
- Who can file
- A person named in an FIR, a complaint or a pending case who has not yet been arrested and who has a reasonable…
Anticipatory bail process in Bangladesh: walk through every stage
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Read every step as text
Step 1 · Before filingFind out about the case and get the papers
The anticipatory bail process in Bangladesh starts with documents. The person who fears arrest, or a family member, finds out the case number, police station, sections and the court where the case is pending. They then obtain a copy of the FIR (ejahar) from the police station or the court, or a certified copy of the complaint petition and order sheet if it is a CR case. If a warrant of arrest has already been issued, its details are needed too.
Without the case papers, the High Court Division cannot judge whether the apprehension of arrest is genuine.
Where: Police station / investigating agency · Time: 1-7 days · Law: s.154 CrPC 1898; s.204 CrPC 1898 · Documents: Copy of FIR or complaint petition, Order sheet and any warrant, National ID of accused
Tip: Get the exact sections from the FIR itself; sections reported in the media are often wrong, and the sections decide which court and test apply.
Step 2 · Before filingCheck whether anticipatory bail is realistic
Section 498 lets the High Court Division or the Court of Session direct that any person be admitted to bail. The Appellate Division has held that granting it before arrest is extraordinary and only for exceptional cases. The applicant must show a reasonable apprehension of arrest and humiliation, for example a case that appears motivated or harassing. Courts look at the gravity of the offence, the role attributed, the stage of the investigation, previous conduct and the risk of tampering with evidence.
Anticipatory bail is rarely granted in serious offences with specific allegations, or to people who have been absconding.
Where: Lawyer's chamber · Time: 1-3 days · Law: s.498(1) CrPC 1898; State v Abdul Wahab Shah Chowdhury 51 DLR (AD) 242; Durnity Daman Commission v Dr. Khandaker Mosharraf Hossain 66 DLR (AD) 92 · Documents: Case papers, Proof of address and occupation, Any documents showing malice or a prior dispute
Tip: If the offence is bailable, anticipatory bail is unnecessary; you are entitled to bail on appearance before the Magistrate under s.496.
Step 3 · Application and hearing in the High Court DivisionPrepare the s.498 application and affidavit
The lawyer drafts a criminal miscellaneous application under section 498 in the High Court Division. It sets out the case details, the accused's background, the grounds why arrest is apprehended and why bail is justified, and an undertaking to surrender. The application is supported by an affidavit sworn by the accused or an authorised relative. Certified or photocopies of the FIR or complaint, the order sheet and any supporting documents are annexed. A vakalatnama is signed in favour of an advocate of the High Court Division.
Where: Lawyer's chamber · Time: 1-3 days · Law: s.498 CrPC 1898; Supreme Court of Bangladesh (High Court Division) Rules 1973 · Documents: Application under s.498 CrPC, Supporting affidavit, Annexed FIR or complaint, Vakalatnama
Tip: State candidly any earlier bail application on the same case; suppressing it can lead to rejection and adverse comments.
Step 4 · Application and hearing in the High Court DivisionFile and get the matter listed
The application is filed at the High Court Division's criminal section, numbered as a Criminal Miscellaneous Case and placed before the bench that the Chief Justice has assigned to hear anticipatory bail matters. A copy is served on the Attorney General's office. Where the case is brought by the Anti-Corruption Commission, it is also served on the Commission's lawyer. The matter appears in the daily cause list. Listing can take days to weeks depending on the bench's workload. Urgent mentioning is possible where arrest is imminent.
Where: High Court Division · Time: 3 days to 3 weeks · Law: s.498 CrPC 1898; Art.107 Constitution (rules and allocation of business) · Documents: Filed application with case number, Cause list entry, Service copy for the State
Tip: Check the cause list every evening; if the matter is called and the accused is absent, it is usually rejected or struck off.
Step 5 · Application and hearing in the High Court DivisionAppear in person before the bench
In the anticipatory bail process in Bangladesh, the accused must be physically present in the courtroom when the case is heard. The court will not hear an application from someone who stays away, because the point of the order is that the person has submitted to the court's authority. The accused should carry the National ID card and stay close to the lawyer, since the bench may ask to see the accused. Being present also carries a risk.
If bail is refused, the police may arrest the person afterwards, so the lawyer explains this before the hearing.
Where: High Court Division · Time: On the listing date · Law: State v Abdul Wahab Shah Chowdhury 51 DLR (AD) 242; s.498 CrPC 1898 · Documents: National ID, Hearing copy of the application
Tip: Arrive before the court sits and inform the bench officer of your presence; benches frequently confirm attendance by name.
Step 6 · Application and hearing in the High Court DivisionHearing and order: ad interim bail for a fixed period
The defence lawyer argues the grounds and the Deputy Attorney General opposes, often relying on the case diary. If satisfied, the bench grants ad interim anticipatory bail for a fixed period, commonly a few weeks. It directs the accused to surrender before the court where the case is pending within that time and orders that the accused should not be harassed or arrested meanwhile. The Appellate Division has repeatedly said that bail until the police report, or for an indefinite period, is wrong.
The bench may instead reject the application or let the accused withdraw it.
Where: High Court Division · Time: Same day as hearing · Law: s.498(1)-(2) CrPC 1898; State v Zainul Abedin (AD, Crl. P. No.2835 of 2023); State v Md. Kabir Biswas 75 DLR (AD) 60 · Documents: Order of the High Court Division, Case diary (produced by State)
Tip: Note the exact last date to surrender stated in the order; missing it by even a day ends the protection.
Step 7 · The protected periodObtain and circulate the order
The lawyer applies for an urgent certified copy of the order, or the short order, and makes sure it is communicated to the lower court and the police station. Until the order reaches the police, the accused should carry a copy at all times. Many orders state that they will be communicated at once. In practice, delays in transmitting orders are common, so lawyers usually also deliver a copy themselves.
Where: High Court Division · Time: 1-7 days · Law: s.498 CrPC 1898; s.500 CrPC 1898 (release orders) · Documents: Certified copy of the bail order, Covering letter to the police station
Tip: Keep a scanned copy of the order on your phone and a paper copy in your wallet throughout the protected period.
Step 8 · The protected periodCooperate with the investigation during the protected period
Anticipatory bail protects the accused from arrest. It does not stop the investigation. The accused should attend if the investigating officer asks for a statement, must not contact or threaten witnesses, and must comply with any conditions the bench imposed under section 498(2), such as not leaving the country. Misusing the protection is the most common reason the lower court refuses regular bail afterwards, or the State seeks cancellation. Any change of address should be communicated through the lawyer.
Where: Police station / investigating agency · Time: The protected period (often 4-8 weeks) · Law: s.498(2) CrPC 1898 (inserted by Act XI of 2026); s.161 CrPC 1898 · Documents: Written statement or appearance record (if asked), Copies of any conditions
Tip: Keep a short record of each interaction with the police; it shows the lower court that you did not misuse the bail.
Step 9 · Surrender and regular bailSurrender before the lower court
Before the deadline, the accused surrenders in person before the court where the case is pending. That may be the Chief Metropolitan or Chief Judicial Magistrate, a Sessions Court, a Nari o Shishu Tribunal, a Special Judge or another special court. The surrender is filed with a regular bail petition under section 496 or 497 and a copy of the High Court Division's order. Surrendering marks the end of the anticipatory phase of the anticipatory bail process in Bangladesh. From this point the accused is formally in the court's custody until bail is granted.
Where: Lower court where the case is pending (CMM, CJM, Tribunal or Special Judge) · Time: On or before the last date fixed · Law: ss.496-497 CrPC 1898; s.498 CrPC 1898 · Documents: Surrender petition, Bail petition, Certified copy of HCD order, Surety papers
Tip: Surrender a few days before the deadline, not on the last day; a court holiday or strike can otherwise leave you unprotected.
- Step 10 · Surrender and regular bail
Regular bail hearing in the lower court
The lower court decides regular bail on its own merits. It considers whether the accused misused the protection, the gravity of the offence, the evidence collected so far and, for special laws, any statutory bar. One example is section 19 of the Nari o Shishu Act, which requires the complainant to be heard before the main accused is bailed. The Appellate Division's orders direct lower courts to consider whether the accused misused the privilege. If bail is granted, the accused executes a bond with sureties, which may be submitted online where the court permits.
If refused, the accused goes to jail.
Where: Lower court where the case is pending (CMM, CJM, Tribunal or Special Judge) · Time: Same day to 1 week · Law: ss.496-497 CrPC 1898; s.499(1), (3) CrPC 1898; s.19 Nari o Shishu Nirjatan Daman Ain 2000 (where applicable) · Documents: Bail bond, Surety bonds and NID, Order on bail
Tip: Bring sureties in person with NID cards on the surrender date; verification problems are a common reason bail is granted but release is delayed.
- Step 11 · Surrender and regular bail
If refused: custody and a fresh bail application
If the lower court refuses bail, the accused is remanded to judicial custody in jail. The remedy is a fresh bail application to the Sessions Judge under section 498, and then to the High Court Division. There, in the anticipatory bail process in Bangladesh, the earlier ad interim order is part of the history. The High Court Division considers regular bail on the merits, including the time in custody and the progress of the investigation.
Separately, if the investigation is not finished within 120 days, the Magistrate, or the Sessions Court for offences punishable with death, life or over ten years, may release the accused on bail under the long-standing section 167(5).
Where: Dhaka Central Jail (if bail is refused) · Time: Weeks to months · Law: s.498 CrPC 1898; s.167(5) CrPC 1898 (as substituted by Act XLII of 1992); s.497 CrPC 1898 · Documents: Custody warrant, Bail petition to Sessions Judge or High Court Division, Certified order of refusal
Tip: File the Sessions Judge application promptly with a certified copy of the refusal order; the High Court Division usually expects that route first.
Step 12 · Staying on bailStay on bail: appear on every date
Once on regular bail, the accused must attend every date fixed by the court unless personal attendance is dispensed with. If the accused misses a date, the bail can be cancelled, a warrant issued and the bond forfeited. If the police later add a more serious section in the charge sheet, the court may revisit bail. Under section 339C(4), an accused facing a non-bailable charge whose trial is not concluded within the statutory time may be released on bail unless the court records reasons.
Where: Lower court where the case is pending (CMM, CJM, Tribunal or Special Judge) · Time: Until the case ends · Law: s.499 CrPC 1898; s.514 CrPC 1898 (forfeiture of bond); s.339C(4) CrPC 1898 · Documents: Attendance record, Hajira (attendance) petitions, Copies of bail orders
Tip: Keep your lawyer's clerk informed of every date; an absence because of a missed date often leads to arrest.
Step 13 · Staying on bailCase continues to report, trial and verdict
Bail does not decide the case. The investigation ends in a charge sheet or final report, then cognizance, charge and trial follow in the usual way. On acquittal, the bail bond is discharged. On conviction, the bail ends unless the appellate court grants bail pending appeal under section 426. Any statements or documents filed in the bail stage can be used in cross-examination, so they should be consistent with the defence that will be run at trial.
Where: Lower court where the case is pending (CMM, CJM, Tribunal or Special Judge) · Time: 1-6 years · Law: s.173 CrPC 1898; s.426 CrPC 1898 · Documents: Charge sheet or final report, Judgment, Bail pending appeal application (if convicted)
Tip: Draft the bail affidavit with the trial in mind; contradictions with the later defence are used against the accused.
What if…? How the anticipatory bail process in Bangladesh can change course
Choose a scenario. The map animates the route up the hierarchy and, where a case is sent back, down to the lower court and up again.
Can a refusal of anticipatory bail be appealed?
- 1High Court Division
No statutory appeal from a bail order
The CrPC gives no appeal against the grant or refusal of bail, because bail orders are interlocutory. Instead, an accused whose application is rejected can, after a change in circumstances, apply again or go to the Appellate Division by petition for leave. The State, if it objects to a grant, also petitions the Appellate Division for leave. A rejected accused should consider surrendering before the lower court and seeking regular bail there.
Not applicabless.404, 498 CrPC 1898Art.103(3) Constitution
Where it ends up: Bail orders are not appealed in the ordinary way; they are challenged by leave in the Appellate Division or by a fresh application.
What if the lower court refuses regular bail after surrender?
- 1Metropolitan Sessions Judge's Court, Dhaka
Bail application to the Sessions Judge
Rather than a revision, the accepted route against a Magistrate's refusal of bail is a fresh application to the Sessions Judge, who has concurrent power under section 498 to admit any person to bail. The Sessions Judge calls for the record and the case diary and hears the Public Prosecutor. Although sections 435 and 439A technically reach bail orders, courts expect the s.498 application.
1-4 weekss.498 CrPC 1898ss.435, 439A CrPC 1898 - 2High Court Division
Regular bail in the High Court Division
If the Sessions Judge refuses, the accused applies to the High Court Division under section 498 for regular bail, usually as a new Criminal Miscellaneous Case. The High Court Division may issue a Rule asking why bail should not be granted and may grant interim bail. It considers custody time, the evidence in the case diary and any statutory bail bar.
1-6 monthss.498 CrPC 1898s.497 CrPC 1898
Where it ends up: The accused is released on regular bail by the Sessions Judge or the High Court Division, or stays in custody.
Can the High Court Division review or recall its bail order?
- 1High Court Division
Modification or cancellation, not review
The High Court Division has no review power over its criminal orders (section 369 CrPC), and section 561A cannot be used as a disguised review. A bail order can still be revisited. The court that granted bail may cancel or modify it if new facts appear, such as misuse or suppression of facts, under sections 497(5) and 498. An accused can seek an extension of the surrender time before it expires.
1-4 weekss.369 CrPC 1898s.497(5) CrPC 1898s.498 CrPC 1898 - 2Appellate Division of the Supreme Court
Article 105 review of an Appellate Division order
If the Appellate Division itself has decided the bail matter, a party may seek review under Article 105 within 30 days, but only for an error apparent on the face of the record. Review petitions in bail matters rarely succeed. Filing one does not stop the surrender deadline, so the accused should comply with the existing order while the review is pending.
1-6 monthsArt.105 ConstitutionOrder XXVI Supreme Court (Appellate Division) Rules 1988
Where it ends up: The order stands, is modified, or is cancelled; there is no general review in the High Court Division.
Is there any reference procedure in bail matters?
- 1High Court Division
No reference; reassignment of bench instead
No statutory reference procedure applies to bail. A death reference under section 374 or a civil reference under Order XLVI CPC has no role in an anticipatory bail application. If a bench declines to hear a matter, or the judges of a Division Bench differ, the file is placed before the Chief Justice, who sends it to another bench. The accused must keep appearing in person whenever the matter is called.
Days to weeksArt.107 Constitutions.498 CrPC 1898
Where it ends up: The application is heard and decided by the bench the Chief Justice assigns.
What if the Appellate Division modifies the bail and sends the accused back to the lower court?
- 1Appellate Division of the Supreme Court
Appellate Division limits the bail
On the State's leave petition, the Appellate Division often modifies an open-ended anticipatory bail. In State v Zainul Abedin (order of 6 March 2024), for example, it replaced bail until the police report with bail for eight weeks and directed surrender before the Chief Metropolitan Magistrate, Dhaka. The court below was told to consider bail, including whether the accused had misused the privilege. The case is thus sent down to the lower court.
1-3 monthsArt.103(3) ConstitutionState v Zainul Abedin (AD, Crl. P. No.2835 of 2023) - 2Lower court where the case is pending (CMM, CJM, Tribunal or Special Judge)
Surrender and decision below
The accused surrenders within the time fixed by the Appellate Division, together with a regular bail petition and a certified copy of the Appellate Division's order. The lower court then decides bail in line with those directions, including whether the privilege was misused during the protected period. If it grants bail, the matter ends there and the case proceeds normally.
Within the period fixedss.496-497 CrPC 1898 - 3High Court Division
Back up for regular bail
If the lower court refuses, the accused applies to the Sessions Judge and then to the High Court Division for regular bail under section 498. The application now concerns custody, not the anticipatory stage. The High Court Division considers the merits afresh, including time spent in jail and the progress of the investigation, so the case comes back up the hierarchy.
1-6 monthss.498 CrPC 1898
Where it ends up: The accused goes down to the lower court to surrender and may come back up to the High Court Division for regular bail.
How does a bail matter reach the Appellate Division?
- 1Appellate Division of the Supreme Court
Criminal petition for leave to appeal
The State, the Anti-Corruption Commission, or an aggrieved accused can file a criminal petition for leave to appeal within 30 days of the High Court Division's order. The chamber judge may stay a grant of bail at once. The full bench may refuse leave, grant leave, or dispose of the petition by modifying the order. Appellate Division decisions on bail principles bind the High Court Division under Article 111.
2 weeks to 6 monthsArt.103(3) ConstitutionArt.111 ConstitutionOrder XXIV r.2 Supreme Court (Appellate Division) Rules 1988
Where it ends up: The Appellate Division's order on bail is final for that stage of the case.
Can anticipatory or regular bail be cancelled?
- 1High Court Division
Application to cancel bail
The State or the complainant can apply to cancel bail for misuse, such as threatening witnesses, absconding, committing a fresh offence or suppressing facts. The application can be made to the court that granted it or to the High Court Division or Sessions Court under section 497(5). The accused is heard first. Cancellation is a serious step and needs specific evidence, not a general objection.
1-3 monthss.497(5) CrPC 1898s.498 CrPC 1898 - 2Dhaka Central Jail (if bail is refused)
Arrest after cancellation
If bail is cancelled, the court directs that the accused be arrested and committed to custody, and the bail bond and the sureties' bonds may be forfeited under section 514. The accused can then seek regular bail again only on a real change in circumstances, such as the end of the investigation or long custody without trial.
Immediates.497(5) CrPC 1898s.514 CrPC 1898
Where it ends up: Bail is either cancelled and the accused goes to jail, or the protection continues.
How the anticipatory bail process in Bangladesh moves up the court hierarchy
The anticipatory bail process in Bangladesh runs from the top of the system downwards. The application is made directly to the High Court Division, which, with the Court of Session, holds the special power in section 498 to admit any person to bail before arrest. Unlike an ordinary case, the value or seriousness of the offence does not change the forum. It changes only how strictly the test is applied. The Appellate Division sets the principles, and under Article 111 the High Court Division is bound by them.
Anticipatory bail is extraordinary, needs the accused's physical presence, must be for a limited period, and must end in surrender before the lower court. The lower court is the Magistrate, a Sessions Court, a tribunal or a Special Judge, depending on where the case is pending, and it decides regular bail on the merits. Bail then moves back up through the Sessions Judge and the High Court Division by fresh applications, not appeals. The Appellate Division hears bail matters only by leave, and it often limits or modifies High Court orders.
- Appellate DivisionAppellate Division of the Supreme Court
- High Court DivisionHigh Court Division
- Appellate levelMetropolitan Sessions Judge's Court, Dhaka
- First instanceLower court where the case is pending (CMM, CJM, Tribunal or Special Judge)
- Start · outside courtLawyer's chamber · Police station / investigating agency · Dhaka Central Jail (if bail is refused)
Where your case is heard
Addresses are for Dhaka. Every district has equivalent courts at its own district judgeship.
Supreme Court of Bangladesh (Appellate Division and High Court Division)
Supreme Court of Bangladesh, Shahbag, Ramna, Dhaka-1000Hears appeals, revisions, references, writ petitions under Article 102, company matters and death references (High Court Division), and appeals by leave from the High Court Division (Appellate Division).
Both Divisions sit in the Supreme Court complex; many High Court Division benches sit in the Annex Building. Check the daily cause list for the bench and court room. Postal contact is the Registrar General, Supreme Court of Bangladesh, Ramna, Dhaka-1000.
Court of the Metropolitan Sessions Judge, Dhaka
40-45 Johnson Road, Dhaka-1100Tries sessions-triable offences from Dhaka metropolitan police stations and hears criminal appeals and revisions from Metropolitan Magistrates; Additional and Joint Metropolitan Sessions Judges also sit as Metropolitan Special Tribunals.
The Metropolitan Sessions Judge sits on the 2nd floor of the main building; Additional and Joint Metropolitan Sessions Judge courts are in the main building and the tin-shed building in the same compound. The Metropolitan Sessions Judge, Dhaka also holds the post of Senior Special Judge, Dhaka. Help line published by the court: 01335-145002.
Chief Metropolitan Magistrate Court, Dhaka
19 Johnson Road, Dhaka-1100Takes cognisance of and tries criminal cases arising in Dhaka Metropolitan Police areas (Metropolitan Magistrate courts), hears bail, remand and FIR/complaint matters, and sends sessions-triable cases to the Metropolitan Sessions Judge.
Metropolitan Magistrate courts are spread over the CMM court main building (floors 2-9) and the CJM court building (courts 29-37 on the 8th and 9th floors). Check the court number on the cause list. Each metropolitan city (Chattogram, Khulna, Rajshahi, Sylhet, Barishal, Rangpur, Gazipur) has its own CMM court.
Lawyer's chamber
Where this happens depends on your district or the office concerned. Ask us for the exact courtroom and address.
Dhaka Metropolitan Police (DMP) Headquarters
36 Minto Road, DhakaHeadquarters of the Dhaka Metropolitan Police; FIRs are lodged at the local police station, not here.
Emergency: 999. For a case, go to the police station with jurisdiction over the place of occurrence.
Dhaka Central Jail (if bail is refused)
Where this happens depends on your district or the office concerned. Ask us for the exact courtroom and address.
How long each stage takes
These are indicative ranges based on typical Dhaka practice. Adjournments, case backlogs and appeals can stretch them.
Documents checklist and key terms
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- Anticipatory bail
- Bail granted before arrest to a person who fears being arrested, ordered under section 498 CrPC.
- Ad interim bail
- Temporary bail for a fixed period, pending surrender before the lower court or further hearing.
- Surrender
- The accused voluntarily presenting himself before the court where the case is pending, with a bail petition.
- Regular bail
- Bail granted after the accused is in the court's custody, under sections 496-498 CrPC.
- Criminal Miscellaneous Case
- The High Court Division's case category for bail, s.561A and similar applications.
- Deputy Attorney General
- The State's law officer who opposes bail applications in the High Court Division.
- Cancellation of bail
- An order withdrawing bail for misuse or new facts, after which the accused is taken into custody.
- Criminal petition for leave to appeal
- The application to the Appellate Division seeking permission to challenge a High Court Division order.
Anticipatory bail process in Bangladesh: common questions
Who can apply for anticipatory bail?
Do I really have to go to the High Court in person?
How long does anticipatory bail last?
What happens if I do not surrender in time?
How long does the anticipatory bail process in Bangladesh take?
Is anticipatory bail available in every type of case?
Can the State challenge my anticipatory bail?
What should I avoid in the anticipatory bail process in Bangladesh?
Law and sources
- The Code of Criminal Procedure, 1898 (ss.496-499, as amended by Act XI of 2026)
- The Constitution of the People's Republic of Bangladesh (Arts 103, 105, 111)
- State v Zainul Abedin, Appellate Division, Criminal Petition for Leave to Appeal No.2835 of 2023
- TBS: Appellate Division orders BNP leader Nipun Roy to surrender within 8 weeks (21 August 2023)
- Code of Criminal Procedure (Amendment) Act, 2026 (Act No. XI of 2026)
- Nari o Shishu Nirjatan Daman Ain 2000 (s.19 bail restrictions)
This Case Journey is a general guide to procedure in Bangladesh as of October 2026. It is not legal advice. Procedure, fees and time limits change, and every case turns on its own facts. Timelines are indicative. Speak to a lawyer about your own matter.
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