IN THE HIGH COURT OF JUDICATURE AT PATNA GOVERNMENT APPEAL (DB) No.46 of 2008 THE STATE OF BIHAR------------------------APPELLANT. Versus 1. PITAMBAR JHA, SON OF LATE BUCHKUN JHA 2. SRI KRISHNA JHA, SON OF PITAMBAR JHA 3. BHAGWAN JHA, SON OF PITAMBAR JHA 4. MADAN JHA, SON OF SURO JHA 5. SOHAN JHA, SON OF PITAMBAR JHA 6. PHOOL JHA, SON OF KRISHNA JHA ALL RESIDENTS OF VILLAGE MAHISHI, P.S. MAHISHI, DISTRICT SAHARSA --------------------------------RESPONDENTS. I.A. No. 2577 of 2008. 03. 05.01.2009. I.A. No. 2577 of 2008 is a petition under Section 5 of the Limitation Act wherein the prayer has been made for condoning the delay of about nine months in filing of this Government Appeal against the impugned judgment of conviction and sentence dated 12.12.2007, whereby the respondents who were tried for the offence under Section 307 of the Indian Penal Code and Section 27 of the Arms Act were acquitted of the charges because prosecution could not prove charges. It is stated on the ground taken in the I.A. that they applied for certified copy of the impugned judgment on 2.3.2008 but on 19.3.2008 the office reported that it could not be supplied because the records had been sent to this Court in connection with another appeal. Learned counsel for the appellant stated that this appeal was filed with a simple copy of the impugned judgment. The other ground taken in the I.A. is for time taken in processing the filing of the appeal before the office of the Collector or before the Advocate General. As per law of limitation, ninety days time was already allowed to the appellant but this Government appeal was not filed - 2 - during the period and there has been delay of nine months in filing the appeal and the reasons for the delay are not convincing and reasonable. We are not satisfied with the reasons as assigned by the learned counsel for the appellant. Therefore, we disallow the I.A. No. 2577 of 2008. The prayer for condoning the delay is hereby refused. As the consequence of dismissal of the aforesaid I.A. this appeal will also stand dismissed as time barred. Rajesh/ (C. M. Prasad, J.) (V. N. Sinha, J.)