IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1107 of 2009 SHIVCHANDRA PRASAD Versus THE STATE OF BIHAR ----------- 2. 21.07.2009 The petitioner presses I.A.No.1424 of 2009 which is an application for condonation of delay filed under section 5 of the Limitation Act.. The petitioner has challenged the judgment and order dated 21.1.2008 passed in appeal preferred by him whereby the appeal was partly allowed. The limitation expired on 16.5.2008. The present revision application has been filed in this Court on 14.07.2009. The delay is, therefore, of nearly one and a half year. Learned counsel for the petitioner in support of the prayer, submits that when the appeal was taken up and disposed of, the petitioner was outside the State of Bihar in connection with his livelihood. It is stated that nobody was left in the family to attend the Court. In paragraph 5, it is stated that on 5.3.2009 the petitioner came to his village home on the occasion of Holi festival and then he met his counsel who disclosed the facts regarding disposal of the appeal. It is stated that he was about to take steps in the matter, but in the meanwhile, he was arrested in some other case on 12.3.2009. This Court from the pleadings made in the - 2 - application finds that very bald statements have been made therein. There is absolutely no explanation for the period between 21.1.2008 and 5.3.2009. The petitioner has also not disclosed as to when he was released from jail and thereafter took steps for filing the present application in this Court. Having perused the application and considered the submissions made in support thereof, in my view, even if a lenient view is taken, the facts disclosed in the limitation application would not justify condonation of long delay in filing the present revision application. There is no merit in this application (I.A.No.1424 of 2009) which is accordingly rejected. Since the prayer for condonation of delay has been rejected, the revision application has become incompetent in law. It is also accordingly dismissed. hr (Kishore K. Mandal )