LI Network
Published on: 30 July 2023 at 21:50 IST
The Patna High Court has granted anticipatory bail to an accused on the condition of planting 500 trees.
The case pertains to alleged offences punishable under Section 21A of the Bihar Minor Mineral Concessions Rules, 1972, and Section 15 of the Environment (Protection) Act, 1986.
Justice Anjani Kumar Sharan, presiding over the Single Bench, took note of the counsel’s submission on behalf of the Mines Department.
The counsel, Mr. Naresh Dixit, expressed no objection to granting bail if the accused agreed to plant 500 trees in the area specified by the District Mines Officer, Sheikhpura. Additionally, the accused was required to take responsibility for the upkeep of these trees for a period of six months.
Notably, the District Mines Officer, Sheikhpura, would provide the plants to the petitioner free of cost.
Advocate Rudrank Shivam Singh represented the petitioner, while APP Shyameshwar Dayal appeared on behalf of the State. Advocate Naresh Dixit represented the Mines Department.
The accusation against the petitioner was related to the alleged violation of environmental conditions outlined in the certificate issued to them, thereby violating Section 15 of the Environment (Protection) Act, 1986.
The petitioner’s counsel strongly denied the occurrence of such violations and argued that the accusations were baseless and not specific.
Considering the submissions of all parties, the High Court endorsed the proposal of planting 500 trees as a condition for granting bail.
Justice Anjani Kumar Sharan stated, “Learned counsel for the petitioner undertakes to abide by the submissions advanced on behalf of the 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, however, emphasized that failing to comply with the terms and conditions laid out in the order would empower the Mines Department to seek the cancellation of the petitioner’s bail before the Court below.
The ruling by the Patna High Court showcases a unique approach to addressing environmental concerns while granting bail, urging the accused to contribute positively to the environment by undertaking the planting and upkeep of trees.
