Bihar Tightens CBI Leash, Demands State Consent for Probes

The Bihar government has drawn a clear line in the sand for federal investigators. In a move that reshapes the balance of power between state and central agencies, Patna now requires the Central Bureau of Investigation to seek its explicit permission before probing any of its employees.

The New Rules of Engagement

The two-page notification, signed by Principal Secretary Pankaj Kumar, leaves no room for ambiguity. Before initiating any investigation, search, interrogation, or arrest involving Bihar public servants, the CBI must now approach the state government for approval. The requirement extends to employees of state-owned corporations, banks, and institutions receiving government funds.

Central Employees Exempt

Here's where it gets interesting: while Bihar's own officials get this protective layer, central government employees operating within the state remain fully exposed to CBI scrutiny without any such barriers. The notification specifically maintains the agency's freedom to investigate central government staff, public sector undertaking employees, and private individuals under Delhi's direct control.

Legal Framework and Implications

The order invokes Section 6 of the Delhi Special Police Establishment Act, 1946, effectively updating the rules of engagement between state and federal investigators. It covers offenses under newer legal codes including The Bharatiya Nyaya Sanhita, 2023 and related statutes, plus cybercrime cases and corruption matters.

Perhaps most significantly, the notification states that Bihar will consider CBI investigation proposals "on a case-to-case basis"—suggesting each future probe will face individual scrutiny from state authorities.

The Home Department has circulated the new guidelines to the Ministry of Personnel, Central Government, CBI Director, and Bihar's Director General of Police, ensuring all key players understand the changed landscape.