IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.558 of 2008 MR.UMA SHANKAR TIWARY Versus THE STATE OF BIHAR & ORS ----------- For the appellant : Mr. Sanjay Kumar Verma, Advocate ------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----- Dated, the 28th July, 2008 The appeal suffers from delay of one year and seventy five days. For condonation thereof, an application (I.A.No.4395 of 2008) has been made. 2. It is stated in the application that on 10.04.2007 when the writ petition was taken up for consideration, the counsel for the petitioner could not appear. After some time when the appellant did not get any information of the case, he got inquiry of the case done through his son Varun Kumar Mishra and then he came to know in the month of January, 2008 that the writ petition had been dismissed. It is stated that the petitioner had been suffering from serious ailments and he was under intensive medical treatment and as soon as he got over the financial crisis and bad health, he approached the advocate and filed the appeal. 3. Firstly, it is difficult to believe that the appellant came to - 2 - know of the order dated 10th of April, 2007 in the month of January, 2008. It is so because the application is silent as to when his son Varun Kumar Mishra contacted his advocate. Besides that although it is stated by the appellant in the application that he had been suffering from serious ailment and he was under intensive medical treatment, no document in support thereof, has been placed on record. Neither the medical prescription, nor the name of any ailment has been disclosed. 4. It appears to us that a make believe ground has been set up for condonation of delay of one year and seventy five days which does not merit acceptance. Consequently I.A.no.4395 of 2008 is rejected. 5. As Letters Patent Appeal is time barred and the application for condonation of delay has been rejected, it is liable to be rejected as time barred. We order accordingly. R.M. Lodha, CJ Kishore K. Mandal, J. sunil