Justice R K Agrawal, who was heading the vacation bench that comprised Justice Amitava Roy also, recused himself from hearing the plea of the jailed politician but did not assign any reasons in court.
The bench then posted the matter on July 8, saying let the other court hear it.
Earlier, a vacation bench headed by Justice A K Sikri had issued notice to CBI and sought its response by today.
On February 13, the apex court had dismissed Kushwaha's bail plea, saying the allegations against him were very "serious" and it was a "good case for dismissal".
The bench, however, had allowed Kushwaha to move lower court for bail if the trial does not commence within six months.
In July last year, the former minister had approached the apex court challenging the Allahabad High Court order rejecting his bail plea in the scam which had taken place during the previous Bahujan Samaj Party government headed by Mayawati.
