To obtain a stay on arrest from the High Court, one must typically file a petition (often called a "stay petition" or an "application for anticipatory bail") with the High Court, detailing the reasons why a stay is necessary and providing supporting documents. The court will then examine the matter and decide whether to grant the stay.

To obtain a stay on arrest from the High Court, the accused must file a petition under **Section 482 of the CrPC** (for quashing of FIR) or seek **anticipatory bail under Section 438 CrPC**. The petition should clearly state the facts of the case, grounds for apprehension of arrest, and legal reasons for seeking protection. The High Court, after reviewing the petition, may issue an **interim order staying the arrest** until the matter is fully heard. The petitioner must also serve notice to the State and cooperate with the investigation as directed by the court.

To obtain a stay on arrest from the High Court, the accused must file an anticipatory bail application under section 438 of the Criminal Procedure Code. The application should include details of the case, grounds for seeking protection, and any supporting documents. The court may issue a notice to the state and hear both sides before granting interim protection or final relief. If satisfied, the court may pass an order restraining arrest for a specified period or until further orders.

To obtain the stay on arrest from high court, the party need to file a stay petition application with the high court. In that application, the reason why stay is needed and the document need to justify the stay petition should be given. Stay order can be in civil, Criminal and writ matters under different legal provisions. The procedure of getting a stay order from the high court is depend on the type of case and legal grounds of the case. The court will examine the case and the reason of stay, to decide whether to grant the stay or not.

Two Ways to obtain a Stay on Arrest :
1. Anticipatory Bail (Section 482,BNSS 2023)
* File before arrest in High Court or Sessions Court if you fear false or motivated arrest for a non-bailable offence.
* Court may grant interim protection from arrest until the final hearing.
* Requirements:
* Genuine fear of arrest
* Non-bailable offence
* No abscond risk or risk of interference
* Positive background and cooperation
* Typically accompanied by conditions (e.g., surrender passport, periodic check‑ins) .
2. “No Coercive Steps” Interim Order (Section  528 BNSS / Article 226)
* File during FIR‐quashing under Section 482 or writ petition.
* Courts grant stay on arrest/investigation only in rarest of rare cases, where:
* No cognizable offence is made out, or
* Investigative or arrest efforts would cause miscarriage of justice.
* Must issue brief, reasoned order specifying what “no coercive steps” means.

File a Petition/Application in High Court:
Draft and file a petition application (commonly anticipatory bail petition) with the High Court detailing your case facts, grounds for apprehension of arrest, and legal reasons to seek protection.
Attach supporting documents like the FIR copy, charge sheet (if applicable), and other evidentiary proofs.
Pay Court Fees: Deposit prescribed court fees applicable to the nature of the petition and jurisdiction.
Serve Notice to the State: Upon filing, the High Court generally issues a notice to the State (police/public prosecutor), allowing them to respond to the petition.
Court Hearing:
Both sides (petitioner and State) present their arguments.
The court evaluates if a prima facie case exists in favor of the petitioner, balance of convenience, and risk of irreparable harm without the stay.
Interim Stay Order:
If convinced, the High Court may grant an interim stay on arrest, preventing police from making an arrest until the matter is finally heard.
The order may specify the stay duration or remain effective until further orders.

In order to obtain a stay on arrest from the High Court:-
1)File a Petition/Application in High Court:-Draft and file a petition application (commonly anticipatory bail petition) with the High Court detailing your case facts, grounds for apprehension of arrest, and legal reasons to seek protection.
2)Attach supporting documents like the FIR copy, charge sheet (if applicable), and other evidentiary proofs.
3)Pay Court Fees: Deposit prescribed court fees applicable to the nature of the petition and jurisdiction.
4)Serve Notice to the State: Upon filing, the High Court generally issues a notice to the State (police/public prosecutor), allowing them to respond to the petition.
5)Court Hearing:-Both sides (petitioner and State) present their arguments.The court evaluates if a prima facie case exists in favor of the petitioner, balance of convenience, and risk of irreparable harm without the stay.
6)Interim Stay Order:If convinced, the High Court may grant an interim stay on arrest, preventing police from making an arrest until the matter is finally heard.The order may specify the stay duration or remain effective until further orders.