"Plant 500 trees": Patna High Court bail condition in Environmental Protection Act violation case

A person accused of violating the Environment (Protection) Act 1986 was recently granted anticipatory bail by the Patna High Court subject to the condition that he plants five hundred trees and takes care of them for a period of six months. [Radhe Sharma v State]..Single-judge Justice Anjani Kumar Sharan granted bail to one Radhe Sharma who moved the Court apprehending his arrest in a mining case."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 ₹25,000 with two sureties of the like amount each to the satisfaction of the learned Court below," the Court ordered..Sharma was booked for violating the Bihar Minor Mineral Concession Rules of 1972, and is also alleged to have disregarded an environment protection certificate that was issued under Section 15 of the Environment (Protection) Act.During the hearing, the counsel for Sharma contended that allegation levelled against the him was not specific but it was general and omnibus in nature.The counsel representing the Mines Department argued that they have no objection in granting bail to the petitioner if he agrees to plant five hundred trees in the designated area as specified by the District Mines Officer of Sheikhpura and commits to taking care of those trees for six months. Additionally, the District Mines Officer will provide the petitioner with the necessary plants free of charge, he added.The Court then granted bail to the petitioner while making it clear that if the petitioner fails to comply with the terms and condition set out in the order, the Mines Department would be entitled to file an application before the lower court for cancellation of the petitioner's bail..Advocate Rudrank Shivam Singh represented Radhe Sharma.Advocate Naresh Dixit appeared for Mines Department while advocate Shyameshwar Dayal represented State.Recently, the Delhi High Court also passed a similar order directing parties to plant plant 500 trees each within their vicinity within a period of one month.In that case, Justice Dinesh Kumar Sharma quashed a criminal case noting that both parties were neighbors and they amicably had decided to settle the matter."However, both the parties are directed to plant 500 trees each within their vicinity within a period of one month and shall furnish a certificate from the SDM of the concerned area. The concerned Horticulture Officer is directed to ensure the plantation of trees and its proper care," the judge directed..[Read Patna High Court Order].[Read Delhi High Court order]