Dr. Gopal Krishna, the Advocate of the petitioner had informed the court that the three convicts, namely, Nav Kumar Ojha, Shankar Yadav and Pritam Lakda were convicted in the same NDPS case by the trial court. The case of Shankar Yadav and Pritam Lakda (Cr. App. (DB) 629 of 2023) and that of Nav Kumar Ojha Cr. App. (DB) 1014 of 2025 are before the same bench of the High Court. In this regard, the Court's order reads: "9. It is informed that the present appeal is connected with Cr. Appeal (DB) No.629 of 2023, which is an admitted matter and listed under the heading ‘For Hearing’ in the today’s cause list. 10. Taking note of the above information, we admit this appeal and direct to tag the present appeal with Cr. Appeal (DB) No.629 of 2023. This appeal shall be listed simultaneously with the said appeal under the same heading."
The FIR in this case was filed on February 2, 2021. On an earlier occasion the Court was informed Pritam Lakra, the petitioner "has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the truck in question. He further submits that the petitioner is the cleaner of the truck in question and he has no concern at all with the alleged recovery of contraband." This aspect is recorded in the High Court's 3-page long order dated June 20, 2023.
The NDPS Case No. 6/2021 State of Bihar vs. Shankar Yadav, Pritam Lakda, Bijendra Kumar Ray and Navkumar Ojha was filed and registered on February 3, 2021 with CNR No. BRBJ010020032021 before the District and Sessions Judge Division. Initially, the case was transferred from Court No. 1 of Principal District and Sessions Judge to Court No. 5 of District and Additional Sessions Judge-II on January 10, 2022 and subsequently, it was transferred from to Court No. 8 of Additional Sessions Judge-III on March 26, 2022 and finally it was transferred to Court No.11 of Additional Sessions Judge-VIII on August 29, 2022. It was Court No.11 of Additional Sessions Judge-VIII which delivered the judgement dated May 9, 2023 and order dated May 17, 2023.
The first hearing in the case took place on April 3, 2021, which recorded that final form/Chargesheet is awaited. It waited for it on May 31, 2021 and July 3, 2021 as well. The order dated September 4, 2021 recorded that Charge sheet was received. The case was taken up for hearing on September 23, 2021. Upon hearing, the order dated October 27, 2021 and November 24, 2021 recorded that "PO has been transferred." The order dated December 23, 2021 recorded that "PO is on C.L." The order dated January 10, 2022 recorded "cognizance is taken". The order dated January 20, 2022 recorded: "Charge Framed". The order dated February 4, 2022 recorded:"Witness Examined". The order dated February 9, 2022 recorded:"Paramhansh Kumar Witness Examined". The order dated February 14, 2022 recorded: "Witness Examined." During April 2, 2022-February 3, 2023 hearing was conducted for evidence. The arguments were submitted during February 6, 2023-March 28, 2023. The proceedings for judgement conducted on April 5, 2023, April 19, 2023 and May 1, 2023. The judgement was delivered on May 9, 2023 and the sentencing order was passed on May 17, 2023.
The bail application of Bijendra Kumar Rai and Pritam Lakda was rejected by Court of Sessions Judge, Bhojpur, Ara on November 1, 2021. It is not clear from the records as to whether Bijendra Kumar Rai had appealed in the High Court against the order of the Court of Sessions Judge, Bhojpur, Ara. His case was argued by Bhuneshwar Tiwari and Sudhir Ji Sahaye. The Rana Pratap Singh was the public prosecutor. Pritam Lakra had appealed in the High Court against the order of the Court of Sessions Judge, Bhojpur, Ara without success.
An application for regular bail of Shankar Yadav was filed on August 2-August, 2022 in the High Court. It was registered on August 23, 2022. It was dismissed as withdrawn. Prior to this Justice Arun Kumar Jha had passed an order dated December 20, 2022. The order reads: "Call for a report regarding the present stage of trial as well as time likely to be taken up in conclusion of the trial from the court of learned Additional Sessions Judge-II, Bhojpur(Ara), in connection with N.D.P.S. Case No. 06 of 2021 arising out of N.C.B. Case No. 01 of 2021, so as to reach this Court within a period of four weeks. List this case after receipt of the report." Justice Sunil Kumar Panwar passed an order dated February 13, 2023 reads: "In view of the report of the trial court, charge has been framed and the case has been put for evidence. On the above ground, learned counsel for the petitioner seeks permission to withdraw this application. Permission is accorded. This application stands dismissed as withdrawn." The bail application of both Shankar Yadav and Pritam Lakda was filed separately. Both were rejected by the High Court. Nav Kumar Ojha did file for bail application in the Court of Sessions Judge, Bhojpur, Ara. For 753 days, Ojha did not file any appeal in the High Court against his conviction because he is in custody since February 2, 2021, he lost his entire source of earning and his wife was extremely unwell.
Notably, the Court of Sessions Judge Bhojpur, Ara had passed a 1-page long order September 7, 2022 in Bijendra Kumar Ray vs. State of Bihar Criminal Miscellaneous No. 54 of 2022 reads: "None turned up on call. Perused the record. This is a criminal miscellaneous petition filed for transfer of NDPS Case No. 06 of 2021 from the court of Addl. Sess. Judge-3rd, Ara to any other court of the competent jurisdiction on the ground that the court of ADJ- 3rd is lying vacant and the accused petitioner is in jail! custody. On perusal of the CIS entry with respect to the said NDPS case goes to show that the said case has already been transferred from the said court to the court of ADJ-8th, Ara. Thus, this miscellaneous petition has become infructuous. now Hence this criminal miscellaneous petition stands dismissed on being infructuous." Bijendra Kumar Ray's Advocate was Viswanath Pathak had filed the case under Section 408 of Criminal Procedure Code. The case was filed on August 8, 2022 with CNR No. BRBJ010099342022 The first hearing happened on August 16, 2022, wherein it was heard for the purpose of admission. The court called for Lower Court Record. The counsel for the petitioner sought adjournment August 22, 2022. The date of decision was September 7, 2022. The case was disposed of uncontested as dismissed. This criminal miscellaneous is was dismissed as infructuous.
The cover page of paper book prepared by the High Court's Registry refers to 4-page complaint petition filed on July 28, 2021 against Bijendra Kumar Ray, Nav Kumar Ojha, Shankar Yadav and Pritam Lakda. The list of exhibits provided in the judgment of the trial court states that the compliant petition is 26-page long. The trial court's front page states that FIR was registered on February 2, 2021. The paper book does not have the copy of the FIR. The complaint petition provided as part of the annexures to the exibits does not refer to the FIR. for the offences punishable under Sections 8(c), 20(b) (ii) (c), 25 and 29 of NDPS Act. The N.C.B. Case No. NCB/PZU/V/01/2021 was registered on February 2, 2021, the date of the seizure of the truck at Koilwar-Chapra More, Bhojpur. The Annexure No. II of the complaint petition which has the list of witnesses seems to be missing. The front page of trial court's judgment refers to complaint petition i.e. pariwad patra as "aarop patra". On its front page of the judgement, the date of judgement is rightly mentioned as May 9, 2023 but it incorrectly mentioned the date of sentencing order as May 17, 2022. The latter has been rectified in compliance with the order dated March 13, 2026 by the High Court's Division Bench.
The application for regular bail filed by Pritam Lakda on November 2, 2022 and registered on November 29, 2022. Drawing on Supreme Court's decisions in State of Kerala & Ors. vs. Rajesh & Ors, reported in 2020 (12) SCC 122, and Narcotic Control Bureau vs. Mohit Aggarwal, reported in AIR 2022 SC 3444 and Union of India vs. Ajay Kumar Singh @ Pappu SLP (CRL) No.2351 of 2023 dated March 28, 2023, Justice Rajesh Kumar Verma had rejected the bail by his 3-page long order dated June 20, 2023, under the wrong assumption that "N.D.P.S Case No.6/2021, arising out of N.C.B. Case No. NCB/PZU/V/01/2021 pending in the court of learned Sessions Judge, Bhojpur, Ara." Justice remained oblivious of the fact that the judgement was delivered on May 9, 2023 and the sentencing order was passed on May 17, 2023.
Notably, Bijendra Kumar Ray, the recipient of the Ganja in question has been acquitted by the trial court. No case has been registered against Sundar Rao and Damu, the suppliers of Ganja from Koraput, Odisha. Their names are mentioned in the complaint petition. The complaint petition mentions the name of Narad from Uttar Pradesh but does not explain his role. All the four have been acquitted of charges under Section 29 of NDPS Act, which pertains to criminal conspiracy by the trial court vide its 84-page judgement and order dated May 9 and May 17, 2023 respectively.
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