IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.588 of 2009 BHOLA PRASAD SINGH Versus STATE OF BIHAR & ORS ----------- 08. 05.05.2011 Heard learned counsel for the petitioner, State as also Mr. Vinay Kirti Singh, learned counsel appearing for the respondent – Board. Petitioner assails the order dated 26th of March 2009 (Annexure-6) passed by the Additional Chief Judicial Magistrate, Barh in connection with Marachi P.S. Case No. 28 of 2008 registered for the alleged offence under Section 135 and 136 of the Indian Electricity Act whereby the petition filed by the petitioner in light of the earlier order of this court dated 24th of March 2009 passed in Cr. Misc. No. 1174 of 2008 (Annexure – 4) was rejected. During the pendency of this writ application, petitioner approached the concerned Assessing Officer of the Board to reassess amount of loss caused so as to find out whether the initial alleged loss amount was excessive or not. By way of interim protection , the order dated 26.03.2009 (Annexure- 6) passed by the Additional Chief Judicial Magistrate, Barh was stayed. Petitioner approached the Board and thereupon revised bill for a sum of Rs. 59046/- was issued and communicated to the petitioner as per letter no. 23 dated 2 03.07.2010 (Annexure- 7) Learned counsel for the petitioner submits that the conditions of payment of Rs. 45,000/- per month while granting the bail by the A.C.J.M., Barh needs to be modified in view of the fresh bill issued by the Board. Learned counsel for the Board submits that modifying the conditions imposed for granting the bail by the Additional Chief Judicial Magistrate, Barh in view of the fresh bill issued by the Board could be done by the court below and as such, if petitioner seeks any modification of the conditions for granting bail, petitioner ought to have approached the court below. In view of the submission of the Board, petitioner is permitted to make an application in the court below for modification of the conditions for granting bail as on account of non-compliance of the said condition, the petition filed by the petitioner was rejected by order dated 26.03.2009 (Annexure- 6), however the order dated 26th of March, 2009, was stayed by this court as per its order dated 06.05.2010. In case petitioner makes an application within a period of three weeks, the same be considered in accordance with law expeditiously, preferably within a period of two weeks thereafter. Till disposal of the said petition, no coercive steps be taken against the petitioner in connection with 3 Marachi P.S. Case No. 28 of 2008. Let a copy of this order be communicated to the court of Additional Chief Judicial Magistrate, Barh in connection with Marachi P.S. Case No. 28 of 2008 through fax on the cost being deposited by the petitioner. The writ application stands disposed of. Jagdish/ ( Shailesh Kumar Sinha, J.)