IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5063 of 2009 SAROJ PRASAD Versus THE STATE OF BIHAR & ORS ----------- 2. 21.04.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. An FIR was lodged against the petitioner and he was taken into custody on 28.8.2008. In pursuance thereof he was placed under suspension under Rule 99 of the Bihar Service Code on 2.9.2008 with effect from 28.8.2008. The order also recites that it was under Rule 100 of the Bihar Service Code. The reason given in the order of suspension is the fact of the petitioner being taken into custody. The order was therefore one under Section 99 of the Bihar Service Code. No reasons have been shown for suspension to invoke Rule 100 of the Bihar Service Code. The law stands settled that the moment petitioner was released from custody on 18.11.2008, deemed suspension for reason of his custody came to an end. Upon his release the order of suspension dated 2.9.2008 became nonest in law. The authorities thereafter have the discretion if they consider it necessary to suspend him but this shall require a fresh order of suspension in accordance with the Rules and which shall be guided by any fresh rules to be computed from the date that the fresh order of suspension is issued. The order dated 2.9.2008 is quashed on that limited ground only. The writ application stands allowed to the extent indicated above. Snkumar/- (Navin Sinha,J.)