The Single Judge Bench of the Patna High Court, comprising Justice Anjani Kumar Sharan in the case of Radhe Sharma v. State Of Bihar And Others has grant anticipatory bail to a man who was charged with violating the Bihar Minor Mineral Concessions Rules, 1972, on the condition of planting 500 trees .
Background of the case
The petitioner apprehends 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. The allegation against the petitioner is that he has violated the environmental conditions of certificate issued to them and as such has violated Section 15 of the Environment (Protection) Act, 1986.
Submission of the Petitioner
The Counsel appearing on the behalf of the Petitioner submitted that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has three criminal antecedents as mentioned in para-3 of this application.
Submission of the Prosecution
The Counsel appearing on the behalf of the Mines Department 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.
Reasoning and Decision of the Court
The Court considered the submission of both the parties and perused the material available on record. The Court was informed petitioner undertakes to abide by the submissions advanced on behalf of learned counsel for the Mines Department.
Therefore, the Court having regard to the facts and circumstances of the case has granted anticipatory bail to the petitioner. The Court also made clear that if the petitioner fails to abide by the terms and conditions of this order, the Mines Department will be at liberty to file an application for cancellation of bail of the petitioner before the learned Court below.
Case Details
Case:- CRIMINAL MISCELLANEOUS No.57511 of 2022
Petitioner:- Radhe Sharma
Respondent:- State Of Bihar And Others
Counsel for the Petitioner - Mr. Rudrank Shivam Singh
Counsel for the Respondent – Mr. Naresh Dixit
Judge: Justice Anjani Kumar Sharan
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