Learned AGA has filed counter affidavit, which is taken on record.

2. Heard Sri D. D. Yadav, learned Counsel for the applicant, learned AGA for the State and perused the papers.

3. The allegation against the appli cant is that the deceased Jamuna Das had gone to the house of the applicant on 19. 12. 2007 saying that he was going to de mand his money from the applicant and thereafter, on 21. 12. 2007 his dead body was found lying in the field of Daya Shankar.

4. The main submission made by learned Counsel for the applicant in sup port of the bail application is that the only admissible evidence against the applicant is the so called extra judicial confession which is said to have been made before two wit nesses Latorey and Parmal, which is weak type of evidence and there was no occasion for the applicant to make confession before these persons, who were not in a position to save the applicant from the police.

5. Next submission is that the de ceased had gone on 19. 12. 2007 from his house, but no report was lodged by his fa ther up to 21. 12. 2007.

6. On the contrary, bail application has been opposed by the learned AGA on the ground that the applicant had commit ted