The Supreme Court has clarified when a public servant is deemed suspended after arrest, while questioning Bihar's decision to reinstate a hospital administrator accused of demanding a Rs 4,000 bribe.Supreme Court flags reinstatement of Bihar official accused of taking Rs 4,000 bribeNew Delhi,Nov 9, 2026 23:31 ISTThe Supreme Court has said a public servant who is arrested and remains in judicial custody for more than 48 hours is treated as automatically suspended, news agency Press Trust of India reported.The court made the observation while restoring bail to Vishwajeet Singh, an administrator at a government hospital in Bihar who is accused of demanding a bribe of Rs 4,000 to clear a contractual worker's pending wages of Rs 36,421.A bench of Justices J B Pardiwala and Manmohan set aside a Patna High Court order that had cancelled Singh's bail nearly a year after it was granted by a sessions court.The bench said the amount of bribe allegedly demanded was not relevant while deciding a bail plea. It added that the high court could have commented on the sessions court's reference to the amount as being small without cancelling the bail.
While restoring the bail, the Supreme Court flagged what it called a "disturbing feature" concerning Singh's service status and subsequent posting. According to PTI, the order was dated November 6."It appears that upon arrest, the appellant accused was in judicial custody for almost a period of 15 days.
Once a public servant is arrested and remains in judicial custody for more than 48 hours, there is a deemed suspension. Being a public servant, he could be said to have been placed under deemed suspension.
No specific order is required to be passed in this regard," Justice Pardiwala said in the order. The bench noted that Singh had been suspended but the suspension was later revoked. "And, shockingly, he has been once again posted in the very same hospital and that too on the very same post.
This aspect shall be looked into by the state at the earliest We expect the state to do the needful in the matter in accordance with law," it said.Singh had challenged a July 1, 2026, Patna High Court order that allowed the complainant's plea, cancelled his regular bail and directed that he be taken into custody.According to the case records, an FIR was registered at the Vigilance police station in 2025 under Section 7(b) of the Prevention of Corruption Act, 1988. Singh was serving as the administrator of Sadar Hospital in Samastipur when he allegedly demanded Rs 4,000 to clear the complainant's outstanding wages of Rs 36,421.After his arrest, Singh was granted bail by the sessions court.
The complainant challenged the order before the high court, which cancelled the bail. The Supreme Court noted that the high court had intervened almost a year after Singh was released.The bench said the wording of the high court's order suggested that the sessions court's description of the alleged bribe amount as small had influenced its decision to cancel bail. "Ordinarily, in cases of this type, having regard to the maximum punishment that the trial court would impose, ultimately, if the accused is held to be guilty, bail is to be granted," it said.
The court added that bail could be denied if the accused had a criminal record or if the facts were particularly grave.Restoring Singh's bail, the Supreme Court reiterated that detention beyond 48 hours leads to automatic suspension for a public servant and asked the Bihar government to examine his reinstatement to the same post at the same hospital in accordance with law.- Ends