IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2480 of 2011 CHHOTELAL MAHTO & ORS. Versus SRI BHAGWAN MAHTO ----------- 5. 09.05.2011 The Trial Court ought to have taken into account that the delay occurred in depositing the amount on seeking the time by the defendant but moved High Court against the order of the appointment of the Commissioner. Therefore, the deposit was made belatedly. The question of delay could have been considered in the light of the Provisions contained under Section 148 of the Cr. P.C. Therefore, the order impugned is set aside. The Trial Court is directed to decide the application afresh after giving opportunity of hearing to both the parties within ten days from the date of receipt of this order. The application is disposed of. S.Ali (Prakash Chandra Verma, J.)