The Patna High Court in the case Radhe Sharma v. Chief Secretary, Mines and Geology & others observed and has granted anticipatory-arrest bail to a man, who was being booked for violating the Bihar Minor Mineral Concessions Rules, 1972 and the Environment, the Protection Act, on the condition of planting 500 trees.
The counsel appearing for the mines department submitted before the court that if the 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, the petitioner has no such objection if the privilege of bail is granted to the petitioner. The plants will be given to the petitioner free of cost.
The bench of Justice Anjali Kumar Sharan was hearing the present plea.
It has also been alleged before the court that the environmental conditions of the certificate issued to them and as such has violated Section 15 of the Environment (Protection) Act, 1986.
The court stated that as per 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 an 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.
Further, it has been stated by the said court that if the petitioner fails to abide by the terms and conditions as stated in para-5 of this order, thus, the plantation of 500 trees and taking care of them, the Mines Department in the case will be at the liberty for filing an application for cancellation of bail of the petitioner before the learned Court.
The counsel, Advocates Rudrank Shivam Singh, Naresh Dixit appeared for the petitioner.
The counsel, Shyameshwar Dayal, APP for the Mines Dept.
The counsel, Shyameshwar Dayalm represented the State.