IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36835 of 2009 BIBHIKSHAN SINGH @ BHABHIKSHAN SINGH @ BIBHISHAN SINGH Versus STATE OF BIHAR ----------- 4. 21.12.2009 Having gone through the report which appears at Flag ‘Y’, the order dated 25.11.2009 is hereby recalled inasmuch as there is all reasons to say that the ground on which that order was passed was non- existent. The petitioner has to hold himself responsible for remaining in custody as may appear from the report of the trial court dated 15.12.2009. After the close of prosecution evidence the statement of the petitioner under Section 313 Cr..P.C. was recorded as back as on 5.5.2009 and in his defence he has examined as many as three witnesses since thereafter. The last witness was examined on 9.7.2009, i.e., more than five months back. It is a complete lul thereafter as regards the examination of the defence witness. The Court cannot attach any importance to the grievance of the petitioner that he is being kept in custody without the trial being brought to a conclusion. It is up 2 to the petitioner now to ensure as to how more months he shall remain in custody as regards the conclusion of the trial or, in other words, in how many more months he wants the judgment from the trial court. The trial court cannot be shackled, under the above circumstances, with any timeframe. Kanth ( Dharnidhar Jha, J.)