IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38306 of 2011 Awadh Bihari Prasad @ Awadh Bihari Chauhan & Ors. Versus The State Of Bihar & Anr ---------------------------------- For petitioners :- Mr. Bhavesh Kumar, Adv. For the State:- Anil Kumar, APP -------------- 2/ 08/12/2011 Heard learned counsel for the petitioner and learned Additional P.P. for the State. Also gone through the impugned order. Petitioners are aggrieved by an order dated 4.11.2011 passed by Additional District and Sessions Judge, FTC-1 Bhojpur at Ara in Sessions Trial no. 107/2009 arising out of Ara Mufassil P.S. Case No. 71/2008 whereby and whereunder they have been summoned to face trial under Section 319 of the Cr.P.C. After going through the order impugned it is evident that though the learned lower court had summoned the petitioners to face trial invoking jurisdiction under Section 319 of the Cr.P.C. but no reason has been assigned for concluding/formatting the opinion against the petitioners to be arrayed as an accused. Reasoning, after all, is a theme which discloses application of judicious mind towards the facts and circumstances of the case. In absence thereof, it is difficult to search out all the points which were considered by 2 the learned lower court and which could justify the ultimate conclusion arrived at by the learned lower court. The order impugned even does not speak whether the evidence of witnesses was gone through and complicity of petitioners is traced out there-from. So the order impugned happens to be without any application of judicial mind rather it could be said that the same has been passed in mechanical way. Consequent thereupon, the order impugned is set aside. Petition is allowed. The matter is remitted back to the learned lower court to consider afresh without being prejudiced/influenced by the order impugned. perwez (Aditya Kumar Trivedi,J.)