IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26630 of 2009 Anand Kumar Soni, son of Shri B.P. Soni, resident of Jhauganj, PO and PS Chowk, Patna City, Patna - petitioner. Vs. 1. The State of Bihar, 2. The Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna through its Chairman. 3. The General Manager-cum-Chief Engineer, Patna Electric Supply Undertaking, Mangles Road, Patna. 4. The Electrical Superintending Engineer, Patna Electric Supply Undertaking (East), Shivalaya Market, Ashok Rajpath, Patna. 5. The Electrical Executive Engineer, Patna Electric Supply Undertaking (East), Shivalaya Market, Ashok Rajpath, Patna. 6. The Assistant Electrical Engineer, M.R.T., Patna Electric Supply Undertaking Patna – opp. parties. 2 19.2.2010 Heard Mr. Suraj Priyadarshi, learned counsel for the petitioner and Mr. Anand Kumar Ojha, learned counsel appearing on behalf of the Bihar State Electricity Board. This application has been filed for quashing the order, dated 13.2.2009 passed in A.B.P. No. 8037 of 2008 by the Sessions Judge Incharge, Patna by which the court has refused to modify the order, dated 8.12.2008 granting anticipatory bail to the petitioner. The Sessions Judge has laid down certain conditions for grant of anticipatory bail. The operative portion of the order is being quoted below : “In view of the proposal advanced by the learned counsel for the petitioner, I direct the petitioner to surrender in the court below with the receipt of payment of Rs. 64400/- to the Bihar State Electricity Board within a month, then in that event petitioner shall be released on bail on his furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each. Petitioner is further directed to deposit the remaining amount in further period of nineteen months in the same manner, with option to negotiate the matter with the Electricity Board to reduce the amount. Failure in payment of installments may be a ground for cancellation of bail so granted to the petitioner.” After the order of the Sessions Judge the petitioner moved the High court by filing a writ petition challenging the assessment of Rs. 2 12,88,408/- by the Board. The writ court has held that the bill, dated 19.11.2008 amounting to Rs.12,88,408/- cannot stand and had accordingly quashed the assessment with liberty to the Assessing Officer to raise a fresh bill on the basis of the provisional assessment order to be passed by him. On the same being done, the petitioner would be at liberty to file his objection and thereafter the authorities can proceed in accordance with the procedure laid down in the Bihar State Electric Supply Code, 2007. The aforesaid order of this court means that the provisional assessment or final assessment is yet to be made and, therefore, the Sessions Judge cannot treat Rs.12,88,408/- as a final assessment made by the Board and direct the petitioner to deposit the amount in equal installments within a period of nineteen months. Unless assessment is made, the petitioner cannot be forced or directed to deposit the entire money in installments. It is sufficient that the petitioner has deposited Rs.64,400/- with the Board and Rs.2.75 lakhs by the order of the writ court. I accordingly quash the impugned order, dated 13.2.2009 by which the court has refused to modify its order and directed to deposit the entire amount in nineteen equal installments. This application is accordingly allowed. haque (Sheema Ali Khan, J.)