Patna HC Grants Anticipatory Bail On Condition Of Planting 500 Trees In Case For Offence Under Environmental Protection Act

The Patna High Court has confirmed the bail condition of planting 500 trees in a case wherein the accused apprehended his arrest for the offences punishable under Section 21A of the Bihar Minor Mineral Concessions Rules, 1972 and Section 15 of the Environment (Protection) Act, 1986.

A Single Bench of Justice Anjani Kumar Sharan noted, “Mr. Naresh Dixit, learned counsel appearing for the Mines Department fairly submitted that if the petitioner is ready to plant five hundred trees in the area specified by the District Mines Officer, Sheikhpura and also undertakes to take responsibility for their up-keeping for a period of six months, he has no objection if the privilege of bail is granted to the petitioner, for which plants will be given to the petitioner free of cost by the District Mines Officer, Sheikhpura.”

The Bench, therefore, granted bail to the accused in the aforesaid matter.

Advocate Rudrank Shivam Singh appeared on behalf of the petitioner while APP Shyameshwar Dayal represented the State and Advocate Naresh Dixit represented the Mines Department.

The allegation against the petitioner was that he had violated the environmental conditions of the certificate issued and as such violated Section 15 of the Environment (Protection) Act, 1986. It was submitted by the counsel for the petitioner that no such occurrence as alleged ever took place and that he was falsely implicated in this case.

It was further contended that the allegation levelled against the petitioner was not specific but rather general and omnibus in nature. Whereas, the counsel for the Mines Department had no objection to granting bail if the petitioner was ready to plant 500 trees and take responsibility for up-keeping the same.

The High Court after hearing the contentions of the counsel said, “Learned counsel for the petitioner undertakes to abide by the submissions advanced on behalf of learned counsel for the Mines Department as stated in para-5 of this order. … Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/-”

The Court clarified that if the petitioner fails to abide by the terms and conditions as stated in its order, the Mines Department will be at liberty to file an application for cancellation of bail of the petitioner before the Court below.

Accordingly, the High Court granted bail to the petitioner.

Cause Title- Radhe Sharma v. The State of Bihar & Anr.

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