STATE OF BIHAR Vs. PUKHAN MAHTO

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel for the appellant. The respondent, though served with notice, has not chosen to enter his appearance.

(3.) This appeal is directed against the judgment and order dated 10.08.2004 passed by the High Court of Judicature at Patna in F.A.No.484 of 1995. . The State of Bihar, being aggrieved by the order passed by the Reference Court, had approached the High Court by filing the First Appeal No.484 of 1995. In filing the appeal, there was a delay of just 21 days. For condonation of delay in filing the appeal, an application under Sec. 5 of the Limitation Act had also been filed. For reasons difficult to sustain, the High Court has refused to condone the delay and consequently, it has rejected the First Appeal.