Click the Play button to listen to article

In the PILs alleging police brutality against student protesters, the Bihar government has filed a counter affidavit before the Supreme Court denying use of 'disproportionate force' to cause any harm to the protestors.

On the accusation of use of AK47 rifle at Siwan, it says that 4 shots were fired into the air by one of the constable as he got trapped in the crowd. However, no one was injured as a result. The affidavit further mentions that near Hathi Chowk, an ASI fired 2 rounds from his 9 mm pistol to disperse the mob and 3 protestors suffered “minor firearms injuries”.

The affidavit also underlines that these 3 protestors were not injured by the AK47 rifle, nor were they present at the location where the rifle was used. Even so, it is added that ballistic examination is ongoing to find out the type of weapon, distance of fire, angle of fire, etc.

AK47 is a platoon level weapon to be used in special operations, not law and order situations, the affidavit says. It further mentions that the State DGP has issued an instruction on the use of AK47.

The state alleges that the protestors caused damage to public properties and several police officials tackling the law and order situation were deliberately attacked by anti-social elements during the protest.

With respect to the Siwan incident, it is stated that the deployed force was inadequate. As such, more personnel were called to supplement the police force. Near JP Chowk, one of the constables got trapped in the crowd and fired 4 rounds from his AK47 in the air. No one was injured from the bullets of AK47, the state says.

The state government further claims that in response to the Supreme Court's directions, the Addl. DGP of the state has been instructed to preserve all video footage and other records. Further, personal information and digital data of protestors, collected during the protest, has been directed to not be disclosed in public domain or on social media “for the time being”.

As per the affidavit, the state has also complied with the direction that no details of the protestors, especially students, shall be published. 'The Bihar Police is not taking any coercive measures against the protesting students who have no criminal antecedents', it states.

Furthermore, the state says that all children below 18 years of age, who were arrested/detained in connection with the protest but did not have criminal antecedents, have been released upon execution of a simple bond by themselves or their family members.

The affidavit puts on record the fact that between 22.07.2026 and 25.07.2026, total 69 FIRs were registered in the State and 500 arrests were made. As per SC's directions, 222 student protestors with no criminal antecedents were released on bail. 75 delinquent children were also released by the Juvenile Justice Board.

The state claims that the protest in Bihar turned violent at Gandhi Maidan (near Ghulam chowk), Jehanabad, Patna, Chapra, Bhagalpur, Sitamarhi, Aurangabad, Katihar, Kishanganj, and Siwan.

At Chapra, on 25.07.2026, it is stated that the protest was peaceful until noon, but later an unruly mob of anti-social elements merged with the crowd and began vandalism and pelting of stones. In these violent acts, 2 BDOs, 3 police inspectors, 2 sub-inspectors and 11 constables were injured. One BDO lost his eye, while another's head was crushed by a heavy projectile and he is battling for life.

Notably, the affidavit attributes the incidents to calls by AISA and RYA (student organizations of CPI(ML)), while it states that the call for protest by Cockroach Janta Party on 24.07.2026 did not have any visible impact in Bihar.

It is further mentioned that the constable who fired the AK47 rifle has been put under suspension for undesired conduct and departmental proceedings have been initiated.

The affidavit also claims that 157 police personnel and 7 public servants were injured in the protest. It concedes the use of tear gas and water canons, which caused injuries to protestors.

Tags: