The Bihar government has filed a counter-affidavit before the Supreme Court in response to public interest litigations alleging police brutality against student protesters, denying the use of disproportionate force to cause harm to protestors.
Regarding the allegation of AK-47 rifle use at Siwan, the government states that one constable, who got trapped in the crowd near JP Chowk, fired four rounds from his AK-47 into the air. It affirms that no one was injured as a result of these bullets.
The affidavit clarifies that the AK-47 is a platoon-level weapon intended for special operations, not for law and order situations, and notes that the State Director General of Police has issued specific instructions on its use.
Concerning the incident near Hathi Chowk, the government admits that an Assistant Sub-Inspector fired two rounds from his 9 mm pistol to disperse a mob, resulting in three protestors sustaining minor firearm injuries. However, it maintains that these injuries were not caused by the AK-47 rifle and that the injured protestors were not present at the location where the AK-47 was used.
The government adds that ballistic examination is ongoing to determine the type of weapon used, the distance and angle of fire, and other relevant details in relation to the injuries near Hathi Chowk.
The Bihar government further alleges that the protests turned violent at multiple locations including Gandhi Maidan (near Ghulam Chowk), Jehanabad, Patna, Chapra, Bhagalpur, Sitamarhi, Aurangabad, Katihar, Kishanganj, and Siwan, attributing the violence to the merging of an unruly mob of anti-social elements with peaceful protesters.
At Chapra on 25 July 2026, the affidavit states that the protest remained peaceful until noon, after which anti-social elements joined the crowd and initiated vandalism and stone-pelting, leading to injuries among public servants. Two Block Development Officers, three police inspectors, two sub-inspectors, and eleven constables were injured in these incidents. One BDO lost an eye, while another suffered a crushed head from a heavy projectile and is battling for life.
The government claims that the protests were instigated by calls from AISA and RYA, student organisations affiliated with CPI(ML), while stating that the protest call by the Cockroach Janta Party on 24 July 2026 had no visible impact in Bihar.
It also notes that the constable who fired the AK-47 has been placed under suspension for undesired conduct, with departmental proceedings initiated against him.
The affidavit records that between 22 July and 25 July 2026, a total of 69 FIRs were registered across the state and 500 arrests were made. In compliance with Supreme Court directions, 222 student protestors with no criminal antecedents were released on bail, and 75 delinquent children were released by the Juvenile Justice Board.
The government states that, in response to the Supreme Court’s directions, the Additional Director General of Police has been instructed to preserve all video footage and related records. Furthermore, personal information and digital data of protestors collected during the protests have been directed not to be disclosed in the public domain or on social media for the time being.
The Bihar Police affirms that it is not taking any coercive measures against protesting students who have no criminal antecedents, and that all children below 18 years of age who were arrested or detained without criminal antecedents have been released upon execution of a simple bond by themselves or their family members.
The government concedes the use of tear gas and water cannons during the protests, acknowledging that these measures caused injuries to some protestors.
It also claims that protestors caused damage to public property and that several police officials were deliberately attacked by anti-social elements during the law and order operations, adding that the deployed force was initially inadequate and had to be supplemented with additional personnel.