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Patna High CourtCR. APP (SJ)/673/2024dismissed

Ravish Kumar v. The State Of Bihar

2024-06-19Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.673 of 2024 Arising Out of PS. Case No.-3 Year-2021 Thana- CHANAN District- Lakhisarai ====================================================== Ravish Kumar Son of Dhirendra Prasad Yadav @ Dhirendra Yadav Resident of Village- Jankidih, P.S.- Chanan, District- Lakhisarai ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Umesh Prasad For the Respondent/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-06-2024 I.A.No. 01 of 2024 The present interlocutory application has been filed under Section 5 of the Limitation Act for condonation of delay of 459 days in preferring this appeal.

2. In paragraph-3 of the said application, it has been mentioned that the impugned order under challenge was passed by the learned court below on 14.09.2022 and on 29.10.2022 the limitation period expired and unfortunately the Pairvikar fell ill due to diabetes and thus he could not file this appeal within time.

3. The averment made in paragraph-3 of the interlocutory application does not appear to be convincing and credible, hence the willful delay in preferring this appeal can not

Patna High Court CR. APP (SJ) No.673 of 2024(5) dt.19-06-2024 2/2 be condoned.

4. In view of aforesaid, I.A.No. 01 of 2024 stands dismissed.

5. Consequently, this appeal is also dismissed. (Nawneet Kumar Pandey, J) HR/- U T