Public Servant in Judicial Custody for Over 48 Hours Is Deemed Suspended, Rules Supreme Court in Vishwajeet Singh v. State of Bihar
Case: Vishwajeet Singh alias Bishwajeet Ramanand v. State of Bihar & Ors.
Date of Judgment: 06 November 2026
Court: Supreme Court of India
Coram: Justice J. B. Pardiwala and Justice Manmohan
Proceedings: Criminal Appeal No. 5282 of 2026, arising out of SLP (Crl.) No. 13108 of 2026
Court Observation
“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.”
Summary
The Supreme Court has held that a public servant who is arrested and remains in judicial custody for more than 48 hours is under a deemed suspension, and no separate suspension order is required. The Court was hearing the appeal of Vishwajeet Singh, the administrator of Sadar Hospital, Samastipur, who was accused of demanding a bribe of Rs 4,000 to clear a contractual worker’s pending wages of Rs 36,421, in a case under Section 7(b) of the Prevention of Corruption Act, 1988.
The Sessions Court had granted Singh bail, but the Patna High Court cancelled it on 1 July 2026, nearly a year later, apparently influenced by the Sessions Court describing the alleged bribe as “paltry”. The Supreme Court set aside the cancellation and restored bail, holding that the size of an alleged bribe is not a relevant consideration in deciding bail. It also flagged that Singh had been reposted to the same hospital and the same post after his suspension was revoked, and asked the State of Bihar to examine the matter.
Key Holdings
- The quantum of an alleged bribe is not a relevant factor in deciding bail; the High Court could have recorded its view on the Sessions Court’s reasoning without cancelling bail.
- Bail should ordinarily be granted in cases of this type, having regard to the maximum punishment on conviction; criminal antecedents or particularly gross facts could justify refusing it.
- Once a public servant is arrested and remains in judicial custody for more than 48 hours, there is a deemed suspension; no specific order is required to be passed in this regard.
- The Patna High Court’s order cancelling bail was set aside and the Sessions Court’s bail order restored; the corruption allegations remain to be decided at trial.
Directions Issued
- The State of Bihar was asked to examine at the earliest why Singh was reposted to the same hospital and the same post after his suspension was revoked, and to take necessary steps in accordance with law.
Background
Singh was granted bail by the Sessions Court in the corruption case against him. The Patna High Court cancelled that bail on 1 July 2026, prompting Singh’s appeal to the Supreme Court.
Related Articles
- In cases under the Prevention of Corruption Act, the prosecution must independently prove the ‘Pendency of Official Favour,’ without relying on external support: AP High Court
- Delhi High Court Rules: Insolvency Resolution Professionals Are Not Deemed ‘Public Servants’ According to the Prevention of Corruption Act
- Rs.100 Bribe Amount Too Small To Prosecute Accused Under Prevention Of Corruption Act: Bombay High Court
Disclaimer: This is a summary prepared for informational purposes only and does not constitute legal advice. Readers should refer to the official judgment for the authoritative text.
