The Bihar government might have recommended the death case of actor Sushant Singh Rajput to Central Bureau of Investigation (CBI) but the premier investigative agency won’t be able to probe the case unless Maharashtra government gives them permission.

Bihar Chief Minister Nitish Kumar on request of Sushant’s family handed over the case to CBI on Tuesday, which was being probed by Patna police.

A notification issued by Bihar Government read, "The Governor of Bihar is pleased to accord his consent to exercise of powers and jurisdiction to the whole of Bihar and other places related to the case to the members of Delhi Special Police Establishment to Investigative and enquire into the case related to death of bollywood actor Sushant Singh Rajput."

Interestingly, in the notification, the consent by Bihar government has been given for the entire state and other places related to crime. However, if the probe is outside Bihar, the CBI will again require consent from the other state.

Experts have told India Today that the Bihar government’s notification recommending CBI probe gives consent for the agency to exercise territorial jurisdiction in the whole state of Bihar but as the crime has taken place in Mumbai, the CBI will need separate permission from Maharashtra government to probe the case in Mumbai.

India Today has learnt that the CBI has general consent from Maharashtra but as this case will he probed by Special Crime Unit of CBI, a separate consent will be required by CBI to investigate.

Only if Maharashtra gives similar territorial jurisdiction consent for CBI as Bihar has given, the agency can enter Maharastra and probe this case.

However, experts have told India Today that if the Supreme Court orders a CBI investigation, the federal probe will not require any permission from any state.

Senior advocate Geeta Luthra says that the FIR should not have been filed when the inquest proceedings are pending in Mumbai. "The CrPC has provisions to file a Zero FIR but the family of Sushant Singh Rajput should have approached the Bandra police or the Bandra court if they had objections to the way the inquiry was being conducted. At this stage, when the jurisdiction of the Patna police to register the FIR itself is in question, the Bihar government should not have recommended transfer to the CBI," says Luthra.

According to Advocate Nishant Katneshwarkar, while there is no bar on the FIR being filed, the jurisdiction issue gives a legal basis to Rhea Chakraborty to move the Patna High court to get the investigation quashed.

"After considering all aspects of the case the bihar government have decided to transfer the investigation to CBI. But section 406 CrPC says the Supreme Court can transfer the trial or appeal to any subordinate court. Here it's not a trial or appeal. It's still about jurisdiction for investigation. No court has decided the issue of maintainability. There is one complaint in Mumbai, there's another complaint in Bihar. There is no bar in Bihar government recommending the case to be transferred to CBI, but this issue of jurisdiction will ultimately have to be decided by the Courts. Rhea Chakraborty can approach the Patna High court to get the FIR quashed on grounds that the FIR should never have been filed in Patna" says Katneshwarkar.

The Bihar Police has alleged that Mumbai Police did not cooperate with their investigation against Rhea Chakraborty and no evidence was shared with them.

It has to be seen if CBI is granted permission by Uddhav Thackeray government to probe the case.