1 Aug 2023 5:00 AM GMT
The Patna High Court has granted anticipatory-arrest bail to a man, who was booked for violating Bihar Minor Mineral Concessions Rules, 1972 and the Environment (Protection) Act, on the condition of planting 500 trees.The counsel appearing for the mines department submitted that if the petitioner is ready to plant 500 trees in the area specified by the District Mines Officer, Sheikhpura and...
The Patna High Court has granted anticipatory-arrest bail to a man, who was booked for violating Bihar Minor Mineral Concessions Rules, 1972 and the Environment (Protection) Act, on the condition of planting 500 trees.
The counsel appearing for the mines department submitted that if the petitioner is ready to plant 500 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. The plants will be given to the petitioner free of cost, he added.
While noting that the counsel representing the petitioner, Radhe Sharma has undertaken to abide by the condition, the bench of Justice Anjali Kumar Sharan said:
“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/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sheikhpura P.S. Case No. 16 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and the undertaking given in para-6 of this order (to plant 500 trees).”
Sharma was apprehending his arrest in a case registered for the offences punishable under Section 21A of the Bihar Minor Mineral Concessions Rules, 1972 and Section 15 of the Environment (Protection) Act, 1986 (EPA).
It was alleged that he has violated the environmental conditions of the certificate issued to them and as such has violated Section 15 of the Environment (Protection) Act, 1986.
Section 15 of the Act makes the violation of the EPA punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention.
While granting the bail, the Court said, “It is made clear that if the petitioner fails to abide by the terms and conditions as stated in para-5 of this order ( plantation of 500 trees and taking care of them), the Mines Department will be at liberty to file an application for cancellation of bail of the petitioner before the learned Court below.”
Case Title: Radhe Sharma v. Chief Secretary, Mines and Geology & others.
Citation: 2023 LiveLaw (Pat) 87
For Petitioner: Advocates Rudrank Shivam Singh, Naresh Dixit,
For Mines Dept: Shyameshwar Dayal, APP
For State: Shyameshwar Dayal
Click Here To Read/Download Order