IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17376 of 2011 Inder Choudhary @ Indradeo Prasad Versus The State Of Bihar ----------- 2/ 28/09/2011 Heard learned counsel for the petitioner and learned APP. Petitioner has challenged the order dated 21.09.2010 whereby and whereunder he has been summoned to face trial invoking Section 319 of the Cr.P.C. After going though the order impugned, it is evident that the learned court below during the course of the continuance of trial should have confined himself over the evidence whatever been produced by the prosecution instead of referring the relevant paragraphs of the case diary while forming an opinion against the petitioner which happens to be impermissible in the eye of law. Apart from this, the learned lower court should have also taken note of what kind of evidence has been brought by the prosecution against the petitioner with regard to his complicity during commission of crime. Mere referring the number of the PWs is of no consequence. As such, the order impugned cannot survive and is accordingly set aside. Petition is allowed. However, it will be open to the learned lower court 2 to re-appreciate the matter and will be at liberty to summon the petitioner if evidence available on the record justifies the same with reason. perwez (Aditya Kumar Trivedi,J.)