IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47731 of 2007 TUNNA SINGH @ KRISHNA BALLABH KUMAR Versus THE STATE OF BIHAR & ORS ----------- 4/ 12/2/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is the complainant and the O.P. No.3 is stated to be his brother. O.P. No.2 is the alleged accused. The allegations were under Sections- 406, 420 and other provisions of I.P.C. with regard to non-payment of the part of the price for certain goods. In his anticipatory bail application O.P. No.2 agreed to pay up the balance amount taking the defence that the amount had been paid to O.P. No.3, the full brother of the petitioner. It appears that the petitioner essentially has a grievance against his own brother that he pocketed the amount himself and did not give it to the petitioner. The private dispute between the two brothers can appropriately be the subject matter of an appropriate fresh proceeding to be instituted, but surely the O.P. No.2, in pursuance of the balance payment was granted the privilege of anticipatory bail which is not questioned by the petitioner, cannot be allowed to be prejudiced or suffer. The application is dismissed. KC ( Navin Sinha, J.)