IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33570 of 2008 BACHASPATI PANJIYARA Versus STATE OF BIHAR & ORS ----------- 2. 27.08.2008 Heard learned counsel for the petitioner and the State. In this application for cancellation of anticipatory bail granted to Opposite party no. 2 & 3, the submission is that incorrect statement was made that cognizance has been taken against them when in fact the cognizance has been taken against them after grant of anticipatory bail. Secondly, the dying declaration of the deceased recorded by the Police in the Hospital was not placed before this Court. Learned counsel does not dispute the correctness of the position noticed in the order granting bail that final report after investigation was submitted when Opposite party nos. 2 & 3 were not charge sheeted and which came to be accepted by the court below. The dying declaration was not recorded before the Magistrate but before the Police as part of the case diary. From the dying declaration the submission on behalf of Opposite party nos. 2 & 3 that the allegations were omnibus stands corroborated. In the entirety, no ground has been made out for cancellation of bail. The application is rejected. AKS/ (Navin Sinha, J.)